HomeMy WebLinkAbout12/03/2024 - Work Session - Meeting MaterialsSALT LAKE CITY COUNCIL
AGENDA
WORK SESSION
December 3, 2024 Tuesday 2:00 PM
Council meetings are held in a hybrid meeting format. Hybrid meetings allow people to join online or in
person at the City & County Building. Learn more at www.slc.gov/council/agendas.
Council Work Room
451 South State Street, Room 326
Salt Lake City, UT 84111
SLCCouncil.com
7:00 pm Formal Meeting
Room 315
(See separate agenda)
Welcome and public meeting rules
In accordance with State Statute and City Ordinance, the meeting may be held electronically. After 5:00 p.m., please enter the
City & County Building through the main east entrance.
The Work Session is a discussion among Council Members and select presenters. The public is welcome to listen. Items
scheduled on the Work Session or Formal Meeting may be moved and / or discussed during a different portion of the Meeting
based on circumstance or availability of speakers.
The Website addresses listed on the agenda may not be available after the Council votes on the item. Not all agenda items will
have a webpage for additional information read associated agenda paperwork.
Generated: 10:48:27
Note: Dates not identified in the project timeline are either not applicable or not yet determined. Item start
times and durations are approximate and are subject to change.
Work Session Items
1.Informational: Updates from the Administration ~ 2:00 p.m.
15 min.
The Council will receive information from the Administration on major items or projects
in progress. Topics may relate to major events or emergencies (if needed), services and
resources related to people experiencing homelessness, active public engagement efforts,
and projects or staffing updates from City Departments, or other items as appropriate.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Recurring Briefing
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
2.Ordinance: Title 18 Text Amendments Follow-up ~ 2:15 p.m.
20 min.
The Council will receive a follow-up briefing about a proposal that would amend the text
of Titles 2, 5, 18 and 21A of the Salt Lake City Code to update references to state adopted
code, modify building code enforcement appeal process, add and increase building
enforcement fines and penalties to match zoning enforcement and cost of operations. The
changes are necessary to bring the City's building regulations into compliance with state
law.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Thursday, May 30, 2024 and Tuesday, December 3, 2024
Set Public Hearing Date - Tuesday, May 21, 2024
Hold hearing to accept public comment - Tuesday, June 4, 2024 at 7 p.m.
TENTATIVE Council Action - TBD
3.Resolution: Americans with Disabilities Act Self-Evaluation
and Transition Plan ~ 2:35 p.m.
20 min.
The Council will receive a briefing about the Americans with Disabilities Act (ADA) Self-
Evaluation and Transition Plan. The proposal assesses the City’s compliance with the
ADA and identifies steps to eliminate accessibility barriers in City programs, facilities,
and public spaces.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
4.Ordinance: Jordan River Fairpark District Zoning Map & Text
Amendment Follow-up ~ 2:55 p.m.
25 min.
The Council will receive a follow-up briefing about a proposal that would amend the
City's zoning ordinance by creating a new zoning district known as the Jordan River
Fairpark (JRF) District at approximately 1500 West North Temple and bounded by the
Jordan River, Redwood Road, North Temple, and Interstate 15. The proposal would
rezone approximately 93 acres across 32 parcels into a single zone to support the area's
redevelopment. The project is located within Council District 2. Petitioner: Snell &
Wilmer, representing Larry H. Miller Development.
1.Zoning Map & Text Amendment: The JRF district would allow buildings up to 400
feet tall. No minimum lot size, setbacks, or open space requirements are proposed,
and developments would be exempt from meeting the City's general plans.
2.Development Agreement: The proposed Development Agreement addresses access
to the Jordan River, open space, roads, and infrastructure improvements and
establishes review processes for development applications. Under new state law, an
agreement must be reached by December 31, 2024, for expedited land use reviews
related to a qualified stadium and related uses. If no agreement is made, the JRF
District will not be subject to the City's zoning regulations.
For more information visit https://tinyurl.com/JRFDistrict.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 12, 2024; Tuesday, November 19, 2024; and Tuesday,
December 3, 2024
Set Public Hearing Date - Tuesday, November 12, 2024
Hold hearing to accept public comment - Tuesday, November 19, 2024 and Tuesday,
December 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 3, 2024
5.Municipal Services Interlocal Agreement between Salt Lake
City and the Utah Fairpark Area Investment and Restoration
District
~ 3:20 p.m.
20 min.
The Council will receive a briefing on an interlocal agreement between Salt Lake City and
the Utah Fairpark Area Investment and Restoration District to provide municipal
services, such as water, sewer, police, fire, and homelessness assistance to the Fairpark
District boundary.
In 2024, the Utah State legislature passed House Bill 562, the Utah Fairpark Area
Investment and Restoration District (the Act), which created the Fairpark District and,
among other things, requires the City and the District enter into an agreement by
December 31, 2024. This interlocal agreement provides that the District reimburse the
City for the cost of municipal services. This reimbursement would be in addition to the
City receiving the base taxable value and 25% of the enhanced property tax from the
Fairpark District Boundary. The Council may consider approving the interlocal
agreement at the December 10, 2024 Council meeting.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
6.Ordinance: Northpoint Light Industrial Zoning Text
Amendment Follow-up ~ 3:40 p.m.
20 min.
The Council will receive a follow-up briefing about a proposal that would amend various
sections of Title 21A of the Salt Lake City Code creating a new section 21A.28.040
Northpoint Light Industrial (M-1A) Zoning District that aligns with the goals, policies
and future land use recommendations established in the Northpoint Small Area Plan.
The proposal would include providing an environment for light industrial, office, and
research uses, while reducing the impact on adjacent agricultural and residential
properties and native habitats. This is a City Council-initiated petition. Other sections of
Title 21A – Zoning may also be amended as part of this petition. This project is within
Council District 1.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, September 3, 2024; Tuesday, October 15, 2024; and Tuesday,
December 3, 2024
Set Public Hearing Date - Tuesday, September 3, 2024
Hold hearing to accept public comment - Tuesday, October 1, 2024 at 7 p.m.
TENTATIVE Council Action - TBD
7.Tentative Break ~ 4:00 p.m.
20 min.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing -
Set Public Hearing Date -
Hold hearing to accept public comment -
TENTATIVE Council Action -
8.Ordinance: Sugar House Master Plan, Zoning Map, and Text
Amendment at Approximately 1095 East 2100 South (Formerly
Wells Fargo Bank)
~ 4:20 p.m.
30 min.
The Council will receive a briefing about a proposal that would amend the City's zoning
ordinance by creating a new zoning district known as MU-15 (Form Based Mixed-Use 15
Subdistrict) that would apply to the property at approximately 1095 East 2100 South.
The proposal would also amend the Sugar House Master Plan to support the proposed
rezone. The proposal intends to redevelop the current two-story building (formerly a
Wells Fargo bank branch) on the 1.22-acre property into a mixed-use residential project.
The Planning Commission forwarded a negative recommendation, therefore the
ordinances have not been drafted. If the Council decides to approve the amendments, the
ordinances would be drafted and considered for approval. The project is located within
Council District 7. Petitioner: Snell & Wilmer, representing the property owner Harbor
Bay Ventures.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - Tuesday, December 10, 2024
Hold hearing to accept public comment - Tuesday, January 7, 2025 at 7 p.m.
TENTATIVE Council Action - Tuesday, January 21, 2025
9.Ordinance: Budget Amendment No.2 for Fiscal Year 2024-
25 Follow-up ~ 4:50 p.m.
30 min.
The Council will receive a follow-up briefing about Budget Amendment No. 2 for the
Fiscal Year 2024-25 Budget. Budget amendments happen several times each year to
reflect adjustments to the City’s budgets, including proposed project additions and
modifications. The proposed amendment includes creating a new fund dedicated to the
Capital City Downtown Revitalization Zone sales tax, 12 new police officers partially
funded by a Community Oriented Policing Services or COPS program grant from the U.S.
Department of Justice, a donation from the University of Utah related to the construction
of a baseball stadium at Sunnyside Park, and funding for the City’s vehicle fleet among
other projects. The Council will also receive a presentation about the State Transit
Transportation Investment Fund or TTIF and four capital projects receiving TTIF grants,
including a multiuse trail on 400 South to better connect Poplar Grove and Downtown,
among other projects.
For more information visit tinyurl.com/SLCFY25.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, November 19, 2024 and Tuesday, December 3, 2024
Set Public Hearing Date - Tuesday, November 19, 2024
Hold hearing to accept public comment - Tuesday, December 3, 2024 at 7 p.m.
TENTATIVE Council Action - Tuesday, December 10, 2024
10.Informational: Council/Board Leadership Structural Changes ~ 5:20 p.m.
20 min.
The Council will have an internal discussion about a proposal to adjust Council/Board
leadership positions.
FYI – Project Timeline: (subject to change per Chair direction or Council
discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
11.Resolution: Ranked Choice Voting for 2025 Municipal
Election ~ 5:40 p.m.
15 min.
The Council will have an internal discussion about an option for the 2025 municipal
election to participate in the State-authorized Municipal Alternative Voting Method Pilot
Program project, otherwise known as ranked choice voting or instant runoff voting.
Under ranked choice voting, voters rank the candidates in order of preference. Election
equipment counts the preference numbers for each ballot. If none of the candidates
receive more than 50% of the overall vote after the first round, the candidate with the
least number of votes is eliminated. The voters who had selected the eliminated
candidate as their first choice would then have their votes counted for their second-
choice candidate. This process of elimination continues until a candidate crosses the
50% threshold and is declared the winner.
For more information on this item visit https://tinyurl.com/RankedChoiceSLC.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - Tuesday, December 10, 2024
12.Informational: Council Policy Manual - Travel Section Update ~ 5:55 p.m.
20 min.
The Council will have a discussion about possible amendments to their internal Council
Policy regarding Travel, Training, and Capacity Building.
FYI – Project Timeline: (subject to change per Chair direction or Council discussion)
Briefing - Tuesday, December 3, 2024
Set Public Hearing Date - n/a
Hold hearing to accept public comment - n/a
TENTATIVE Council Action - n/a
Standing Items
13.Report of the Chair and Vice Chair -
-
Report of Chair and Vice Chair.
14.Report and Announcements from the Executive Director -
-
Report of the Executive Director, including a review of Council information items and
announcements. The Council may give feedback or staff direction on any item related to
City Council business, including but not limited to:
•Housing Programs and Loan Deferment; and
•Scheduling Items.
15.Tentative Closed Session -
-
The Council will consider a motion to enter into Closed Session. A closed meeting described
under Section 52-4-205 may be held for specific purposes including, but not limited to:
a. discussion of the character, professional competence, or physical or mental
health of an individual;
b. strategy sessions to discuss collective bargaining;
c. strategy sessions to discuss pending or reasonably imminent litigation;
d. strategy sessions to discuss the purchase, exchange, or lease of real property,
including any form of a water right or water shares, if public discussion of the
transaction would:
(i) disclose the appraisal or estimated value of the property under
consideration; or
(ii) prevent the public body from completing the transaction on the best
possible terms;
e. strategy sessions to discuss the sale of real property, including any form of a water
right or water shares, if:
(i) public discussion of the transaction would:
(A) disclose the appraisal or estimated value of the property under
consideration; or
(B) prevent the public body from completing the transaction on the best
possible terms;
(ii) the public body previously gave public notice that the property would be
offered for sale; and
(iii) the terms of the sale are publicly disclosed before the public body
approves the sale;
f. discussion regarding deployment of security personnel, devices, or systems; and
g. investigative proceedings regarding allegations of criminal misconduct.
A closed meeting may also be held for attorney-client matters that are privileged pursuant to
Utah Code § 78B-1-137, and for other lawful purposes that satisfy the pertinent
requirements of the Utah Open and Public Meetings Act.
CERTIFICATE OF POSTING
On or before 5:00 p.m. on Tuesday, November 26, 2024, the undersigned, duly appointed City
Recorder, does hereby certify that the above notice and agenda was (1) posted on the Utah Public
Notice Website created under Utah Code Section 63F-1-701, and (2) a copy of the foregoing provided
to The Salt Lake Tribune and/or the Deseret News and to a local media correspondent and any
others who have indicated interest.
CINDY LOU TRISHMAN
SALT LAKE CITY RECORDER
Final action may be taken in relation to any topic listed on the agenda, including but
not limited to adoption, rejection, amendment, addition of conditions and variations
of options discussed.
The City & County Building is an accessible facility. People with disabilities may make requests for
reasonable accommodation, which may include alternate formats, interpreters, and other auxiliary
aids and services. Please make requests at least two business days in advance. To make a request,
please contact the City Council Office at council.comments@slc.gov, 801-535-7600, or relay service
711.
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: Dec. 3, 2024
RE:Title 18 Text Amendment: Building Code,
Boarded Buildings Administration and
Fee Updates.
PROJECT TIMELINE:
Briefing 1: May 30, 2024
Briefing 2: Dec. 3, 2024
Set Date: May 21, 2024
Public Hearing: June 4, 2024
Potential Action: Dec. 10, 2024
NEW INFORMATION
During the May 30 briefing, the Council asked the administration to come back with recommendations
that could be included in the final ordinance regarding the following concepts:
Increase the fines for building code violations
Increase the annual fee for boarded buildings
Create a separate fee for commercial vs. residential buildings and charging commercial buildings a
higher fee
Consider an escalating fee for the annual fee
o Charging the maximum amount allowed after a certain year (3 or 5 years were both
mentioned)
Establish a better definition of compliance after violating a building code.
o Consider requiring any damage that occurred to adjacent properties to be made whole
before the work permit is reissued.
Clarify that the timeclock on a boarded building does not restart due to a transfer of ownership.
The Public hearing was held on June 4. The Council closed the public hearing and deferred action.
The administration has updated the ordinance based on the Council's feedback. The outline below shows
how the Council’s policy direction was incorporated and where it is in the draft ordinance. Administrative
staff feel these changes, in conjunction with their updated administrative enforcement policies, put them in
a much stronger position to enforce building code violations successfully. One example is the Building
Code Enforcement Team (BCE Team), which Building Services recently created.
Page | 2
This team will ensure better coordination and enforcement between the building inspectors and the
enforcement staff. This will help improve the enforcement of building code and zoning violations in the
following ways:
Review with permit processors any properties with multiple pending permits
Monitor cases more closely so that issues are identified as early as possible.
Handle complaints and assign senior staff to address and help follow up on any issues.
Funnel permits cases through fewer staff so that multiple people are not involved in one case,
creating ineffective awareness and/or enforcement.
Increase focus on expiring permits when allowed by code, organize multiple permit issues, and
begin fines immediately. Permits can expire if they have not progressed for 180 days.
o Written documentation will also be required and reviewed to reinstate any expired permit.
Fines for violations have been increased and will be applied to properties,
o Multiple fines can be applied to a property – Each for $100/day.
o When fines accrue to $14,000, the City will take the case to small claims court, which
requires the contractor and/or permit holder to appear. This can repeat as long as fines
accrue, at each $14,000 mark.
o All staff is receiving biannual training on survey protocol to follow up on any potential
issues. Made clear that surveys will be required (at the permit holder's expense) as deemed
necessary by City inspectors/enforcement.
Issue Change Ordinance
Citation
Increase the fines for
building code violations
Violation of Title 18 $100
(except Ch. 18.50 or Stop Work Order)
Violation of Stop Work Order: $250
Exhibit A
Line 6378
Increase the annual fee
for boarded buildings
Create a separate fee for
commercial vs.
residential buildings and
charging commercial
buildings a higher fee
Consider an escalating
fee for the annual fee.
Charging the maximum
amount allowed after a
certain year (3 or 5 years
were both mentioned)
Boarding registration fee
Residential Years 1&2: $3,000
Non-Residential Years 1 & 2: $6,000
Residential Years 3-5 $6,000
Non-Residential Years 3-5 $9,000
Residential Years 6 or more $,9000
Non-Residential Years 6 or more $14,000
Boarding registration fee for a
contributing structure or landmark site $14,000
Exhibit A
Line 6378
Page | 3
Clarify that the
timeclock on a boarded
building does not restart
due to a transfer of
ownership.
18.48.215: Yearly Registration Fees:
A change in ownership shall not restart the yearly amount of
registration fees, but such fees shall increase as set forth in
the Salt Lake City consolidated fee schedule in accordance
with the amount of time that the property has been
registered.
Lines 2736-2738
Establish a better
definition of compliance
after violating a building
code.
Include language that clearly states permits issued do not
allow a permit holder to negatively impact an adjacent
property.
18.04.070: LIABILITY LIMITATIONS:
Nothing in this title shall be construed to relieve or lessen the
responsibility of any contractor, owner, or any other persons
involved, for apparatus, construction or equipment installed
by or for them, for damages to anyone injured or damaged
either in person or property by any defect therein, nor shall
the city or any employee thereof be held to assume any
liability by reason of the inspections authorized herein, or the
certificate of occupancy issued by the building official of the
division of building and housing services. The provisions of
this title are not intended to interfere with, abrogate, or
require enforcement by the city of any legally enforceable
easements, covenants, or other agreements between private
parties that may restrict the use of the land. Permits or other
approvals issued pursuant to this title provide no right to
encroach or interfere with the private property of third
parties.
Lines 110-114
If supportive of these changes, the Council may wish to direct staff to put this on the December 10 agenda
for potential adoption.
The following information was provided for the May 30 work session briefing. It is
provided again for background purposes.
ISSUE AT-A-GLANCE
The Council will receive a briefing on a proposed ordinance that would amend the text of Titles 2, 5, 18 and
21A of the Salt Lake City Code, regarding Boarded Building Fees and enforcement of building code
violations. If adopted, the Code would be amended in the following ways:
This proposal increases fees associated with the boarded building program to reflect the City’s
actual cost of regulation.
Eliminate code that is duplicative or irreconcilable with state-wide adopted building codes
Creates an administrative enforcement mechanism for building code violations.
Page | 4
Updates existing residential housing standards based on precedent from the Housing Advisory
Appeals Board and creates one standard appeal process to a streamlined Board of Appeals and
Examiners for any violation of Title 18.
Updates portions of Title 21A related to zoning enforcement to reflect existing City Administrative
practices and increases daily fines associated with uncorrected zoning violations.
The changes were requested during previous Council conversations. In 2022, the City Council requested
that the Administration review and propose a change in boarded building fees to capture the full City cost
of both monitoring/boarding and emergency services of dangerous/boarded buildings. The majority of
these recommended changes in this petition resulted from that request.
Additionally, when the Council adopted the Housing Incentives in December of 2023, the Council officially
requested the Administration forward a transmittal that would make recommendations for code changes to
safeguard that construction work may not damage adjacent properties, establish a process to help remedy
situations when damage has occurred, and include penalties that will discourage damage from being done.
Changes pertaining to this request are included in Section 2 Building Code Enforcement Process, of the
information below (pages 2- 3).
Please note, the majority of the Consolidated Fee Schedule (CFS) will be discussed by the Council on June
4, 2024. If the Council is supportive of adopting both of these items, staff will prepare motions to ensure
there are not conflicts between the two ordinances.
ADDITIONAL INFORMATION
1. Boarded Building Amendments
Proposed Fee
o The City’s Finance Department conducted a cost analysis and found that each boarded
building permit costs the City $15,551 annually.
This was updated in March 2024 based on additional review by the Finance
Department. The original estimate noted in the Planning Commission staff
report was $22,537.
The cost to the City includes zoning enforcement for weeds and other
maintenance issues, public safety calls & responses (due to trespassing or
fires), permit review for boarding, and monitoring for building requirements,
etc.
o The Fee Study recommended a maximum proposed fee increase to be $14,000 due to
small claims collections requirements.
o The current renewal fee is $1,546.
o Building services is recommending potential boarding registration fee increases up to
$14,000 per year. ($14,850 for a contributing structure or landmark site)
o This fee will be listed in the Consolidated Fee Schedule. (CFS)
Program Changes
o Changing the program from an annual boarding permit to an annual registration.
A registry more accurately reflects the nature of the City’s monitoring and
regulation, since boarding does not necessarily occur every year (as a permit
suggests).
o Recording notices against the title for properties on the registry to let any interested
buyer know that (1) the property is subject to the registry with annual registration fees,
Page | 5
and (2) that boarding costs actually incurred by the City may be outstanding (which fees could be a
lien against the title once sent to the Salt Lake County Treasurer).
o Incorporates a standard citation and appeal process if the registration is not current,
which will be the same for any Title 18 violation (found in Chapters 18.24 and 18.12).
2. Building Code Enforcement Process (Chapters 18.12, 18.24, and 2.21, and Section
5.14.125)
Based on several factors ranging from updated state building code, process streamlining
and improvements as well as staffing needs, significant updates to this section of the City
code were needed. The proposed changes include the following:
o The Board of Appeals and Examiners has been streamlined to require only one
appeal hearing officer, along with the building official as an ex-officio member (this
building official status on the board is consistent with state-adopted building code).
o The Housing Advisory Appeals Board is being eliminated in favor of one appeal
body – the Board of Appeals and Examiners (which the City must have according to
state-adopted building code) – to reduce administrative burden and keep appeal
processes consistent.
o A standard appeal process for any violation of Title 18 has been added to Chapter
18.12. This process is nearly identical to an appeal of an administrative decision
made pursuant to Title 21A.
o A fines-only appeal process for any violation of Title 18 has been added to Chapter
18.12. This process is identical to the fines-only appeal process for a zoning code
violation.
The following changes address the council’s request to “safeguard that construction
work may not damage adjacent properties”
o Significant changes to Chapter 18.24 were made to describe the City’s remedies in
the event of a violation of Title 18, which will now include a civil citation and civil
fines process. This process is nearly identical to the process for citing and fining
individuals and businesses for zoning violations.
o New fines are being adopted now that a civil citation process has been created
within Title 18. General violations will be $100 per day; violation of a stop work
order will be $250 per day; housing code (Chapter 18.50) violations will be between
$50 and $200 per day depending on the severity of the violation.
o Currently Title 18 only permits enforcement by stop work order and criminal
proceedings.
o With these new standardized enforcement and appeal processes, in addition to the
criminal proceedings, the City will have a more effective tool to get properties and
construction projects into compliance.
The current cost for criminal violations of the building code is a $1,000 fine,
double permit fees, a stop work order, or a re-inspection fee of $75.00.
Implementation of the assessment of daily fines for civil violations will make the
fines high enough that they will not be ignored by the property owner or
contractor. This will give us a better enforcement tool for future construction
violations and decrease the number of violations not rectified.
3. Housing Code Updates (Chapters 18.50 and 18.96)
Page | 6
These proposed changes will update code references in Chapter 18.50 to conform with the Utah
adopted International Construction Codes (ICC).
They also incorporate the standard citation appeal process for Title 18 violations.
Residential rental housing owners will receive a warning notice before a citation is issued.
4. Removal of Duplicative or Overlapping Code
Since it’s been decades since Title 18 was comprehensively updated, old and outdated sections
have been removed.
5. Zoning Code Enforcement
Parts of the zoning enforcement chapter (Chapter 21A.20) are necessary to reflect Building
Services updated civil citation and fine process for Title 18.
o Building Services’ current citation process is now reflected, including when a notice and
order can be issued, what it needs to include, how it needs to be sent, and a recipient’s
ability to appeal the notice and order.
o Zoning violations fines are being increased from $25 to $50 per day for residential
properties and from $100 to $200 per day for commercial properties.
o A new fine amount for failing to have a certificate of appropriateness for work on the
exterior of historic district properties is proposed at $50 per day, but if the work that
was done is a full or partial demolition of a contributing or landmark structure, then the
fine would be $250 per day.
(The enforcement process and fines for work done without a certificate of
appropriateness was recently updated and approved by the Council when they
adopted the amendments related to enforcement of work done without a
Certificate of Appropriateness. The fine is $250 per day for full or partial
demolition of a contributing structure without a certificate of appropriateness
and $500 per day for full or partial demolition of a landmark site without a
certificate of appropriateness. CAN Staff will send an updated ordinance that
matches the recent changes made by the Council)
o Clarifying that citation notices can be sent by any reputable mail tracking service that
confirms delivery, as opposed to just by “certified mail” or “commercial courier service.”
POLICY QUESTIONS
1. Amendments proposed based on the Council’s request to “safeguard that construction work may
not damage adjacent properties” include creating civil citations and fine process. (section 2 above)
Do these changes address the concerns raised by the Council?
What additional remedies could be available if there is a property line dispute between
adjacent property owners? Could a provision be added that would require immediate
repairs if any damage is done?
2. The Administration had proposed a preferred fee for the boarded building registration. Page 4 of
the transmittal letter says notes Building Services is recommending potential boarding registration
fee increases in the range of $3,000, $6,000, or $14,000 per year. The table at the end of the draft
ordinance has the fee listed as $14,000. This fee will be listed in the CFS.
The Council may wish to ask the Administration what their recommended fee is.
3. In previous discussions the potential of having a different fee for residential vs. commercial
boarded/dangerous buildings was raised. The intent of the higher fee is to discourage property
Page | 8
owners from keeping buildings that attract nuisance issues. Staff time that goes into enforcement
for residential and commercial basically is the same.
The Council may wish to ask the administration to explain if one fee is recommended or if it
makes sense to have a different fee for commercial vs. residential.
If a building is not boarded for a full year, is there a discount or pro-rated refund of fees
paid?
4. Building Services is recommending a potential boarding registration fee of $14,850 for a
contributing structure or landmark site. $850 more than a typical building.
The Council may want to ask the Administration why the fee for a contributing structure or
landmark site has a higher proposed fee.
1
LEGISLATIVE DRAFT
1 SALT LAKE CITY ORDINANCE
2 No. _____ of 202___
3
4 (An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
5 modernize the administration, enforcement, and appeals procedures applicable to the state
6 construction codes)
7
8 An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
9 modernize the administration, enforcement, and appeals procedures applicable to the state
10 construction codes pursuant to Petition No. PLNPM2023-00868.
11 WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
12 public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
13 Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
14 pursuant to Petition No. PLNPM2023-00868; and
15 WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
16 transmitting a positive recommendation to the City Council on said petition; and
17 WHEREAS, after a public hearing on this matter the City Council has determined that
18 adopting this ordinance is in the city’s best interests.
19 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
20 SECTION 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
21 18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
22 Provisions) shall be, and hereby is amended as follows:
23 CHAPTER 18.04
24 ADMINISTRATION AND GENERAL PROVISIONS
25
26 18.04.010: DIVISION OF BUILDING AND HOUSING SERVICES; ADMINISTRATIVE
27 DUTIES:
28 This title establishes the duties of the division of building and housing services.
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29
30 18.04.020: DEFINITIONS:
31 A. Where undefined terms are used in this title, the definitions of "Webster's
32 Unabridged Collegiate Dictionary" shall apply.
33 B. In addition thereto, aAll words and phrases defined in this section chapter shall be
34 given such defined meanings wherever used in this title, including the following:
35 BUILDING OFFICIAL: Means and refers to the director of the division of building and housing
36 services, or his/her designee.
37 DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
38 DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
39 103 or its successor provisions.
40 DIVISION: Means and refers to the division of building and housing services of the city.
41 ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
42 violations of state law or this title, including, but not limited to, building inspectors, the building
43 official, fire marshals, and civil enforcement officers.
44 NONCOMPLIANT PROPERTY: property where one or more violations of this title have
45 occurred or are currently occurring.
46 NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
47 that one or more violations of city code exist on the noncompliant property.
48 PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
49 partnership, joint venture, club, company, joint stock company, business trust, limited liability
50 company, corporation, association, legal entity, society or other group of individuals acting as a
51 unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
52 RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
53 causing, maintaining, or allowing the continuation of a violation of this title. This may include,
54 but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
55 contractor, business owner, or other person who individually or together with another person is
56 responsible for causing, maintaining, or allowing the continuation or a violation of any provision
57 of the code.
58
59 18.04.030: APPLICATION OF PROVISIONS: RESERVED
60 This title applies to the construction, alteration, moving, demolition, repair and use of any
61 building or structure and the equipment therein within Salt Lake City's jurisdiction, including
62 portable dwellings, mobile homes, trailers, and mobile home parks.
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63 18.04.040: TECHNICAL CONSTRUCTION CODES; ADOPTION, ADMINISTRATION
64 AND ENFORCEMENT BUILDING AND CONSTRUCTION CODES ADOPTED:
65 The following codes, as adopted by the State of Utah, along with any adopted appendices are
66 hereby adopted as part of the code of Salt Lake City:
67 The International Building Code, as promulgated by Title 15A of the Utah State Code;
68 The International Residential Code, as promulgated by Title 15A of the Utah State Code;
69 The International Fire Code;
70 International Existing Building Code;
71 International Energy Conservation Code;
72 International Fuel Gas Code;
73 National Electrical Code;
74 The International Mechanical Code;
75 The International Plumbing Code;
76 The International Swimming Pool and Spa Code;
77 Rule R156-56 of the Utah Administrative Code;
78 ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
79 Compliance, or its successor, and
80 1997 Uniform Code for the Abatement of Dangerous Buildings
81 This title provides for the adoption, administration, and enforcement of the technical construction
82 codes referenced herein. Each of the referenced technical codes bears a legal influence over
83 details of the design, construction, alteration, occupancy, use, repair and maintenance of
84 buildings, structures, and certain equipment therein. Each of the referenced technical codes
85 provides minimum standards and practical safeguards and provisions against threats to life and
86 limb, health, safety, property, and public welfare. Wherever in these codes reference is made to
87 an appendix, the provisions of the appendix shall apply.
88
89 18.04.050: EQUIPMENT INSTALLATION SPECIFICATIONS: RESERVED
90 This title establishes minimum requirements for the installation and maintenance of electrical
91 conductors, fittings, devices and fixtures, herein referred to as "electrical equipment"; for the
92 installation and maintenance of plumbing, heating, cooling, ventilation and refrigeration systems;
93 for the installation and maintenance of fuel piping and energy using equipment; fire protection or
94 fire prevention piping within the corporate limits of the city, and to provide for the enforcement
95 thereof.
96
97 18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
98 Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
99 the provision of this title occur, the most restrictive provisions or requirements shall govern. In
100 the event a provision of this title conflicts with the codes adopted in Utah Code Title 15A, the
101 provisions of Title 15A shall govern.
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102 18.04.070: LIABILITY LIMITATIONS:
103 Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
104 owner, or any other persons involved, for apparatus, construction or equipment installed by or
105 for them, for damages to anyone injured or damaged either in person or property by any defect
106 therein, nor shall the city or any employee thereof be held to assume any liability by reason of
107 the inspections authorized herein, or the certificate of occupancy issued by the building official
108 of the division of building and housing services. The provisions of this title are not intended to
109 interfere with, abrogate, or require enforcement by the city of any legally enforceable easements,
110 covenants, or other agreements between private parties that may restrict the use of the land.
111 Permits or other approvals issued pursuant to this title provide no right to encroach or interfere
112 with the private property of third parties.
113
114 SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
115 18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
116 hereby is amended as follows:
117 CHAPTER 18.08
118 ORGANIZATION
119 18.08.010: DIVISION ESTABLISHED; SECTIONS DESIGNATED:
120 There is established, in the department of community and neighborhoods development services,
121 a subordinate division of building and housing services, to be under the supervision of the
122 building official, which division shall be divided into the following sections: . The function of
123 the division shall be the implementation, administration and enforcement of the provisions of this
124 title.
125 A. Construction compliance;
126 B. Zoning compliance;
127 C. Housing preservation.
128
129 18.08.020: POWERS AND DUTIES OF THE DIVISION:
130 The functions of the division of building and housing services shall be:
131 A. To enforce the zoning laws of Salt Lake City and to inspect, or cause to be
132 inspected, all buildings and structures erected, or proposed to be erected in the city;
133 B. To carry out, enforce and perform all duties, provisions and mandates designated,
134 made and set forth in the ordinances of the city concerning zoning, building, plumbing, electrical
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135 and mechanical construction, and construction related fire suppressionrepair, including uniform
136 housing code regulations;
137 C. To examine and approve all plans and specifications before building permits shall
138 be issued, and to execute all permits, certificates and notices required to be issued inspect or
139 cause to be inspected all buildings and structures erected in the city; and
140 D. To examine all applicants for licensing and registration in accordance with
141 requirements of chapter 18.16 of this title, and issue same in accordance with the requirements of
142 this title; and
143 E. To perform all of the functions and have all of the powers required of and
144 conferred on the building official by the ordinances of the city.
145
146 18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
147 The mayor of the city shall employ a qualified building official, construction official, housing
148 official, zoning official, plans examiner, inspector, and such other assistants and clerks as the
149 exigencies of the work employees of the division that may from time to time be required to
150 perform the functions of this title, at such compensation and for such periods of time as the
151 mayor may deem proper.
152
153 18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
154 The building official shall maintain public office hours necessary to efficiently administer the
155 provisions of this title and related titles and amendments thereto, and shall perform the following
156 duties:
157 A. Maintain an official register of all persons, firms or corporations lawfully entitled
158 to carry on or engage in the businesses regulated by this title to whom a current license has been
159 issued by the department of contractors of the state;
160 B. Issue building permits to properly licensed, bonded and registered persons, firms
161 or corporations for work to be done within the scope of this title;
162 C. Administer and enforce the provisions of this title in a manner consistent with the
163 intent thereof, and inspect all work authorized by any permit, to assure compliance with
164 provisions of this title or amendments thereto, approving or condemning such work in whole or
165 in part, as conditions require;
166 D. Issue a certificate of approval or certificate of occupancy for all work approved by
167 him/her;
168 E. CondemnRequire correction or and reject all work done or being done, or
169 materials used or being used which do not in all respects comply with the provisions of this title
170 and amendments thereto;
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171 F. Order changes in workmanship and/or materials essential to obtain compliance
172 with all provisions of this title;
173 G. Investigate any construction or work regulated by this title and issue such notices
174 and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
175 conditions;
176 H. Recommend revocation of contractor licenses to the state department of business
177 regulation for cause;
178 I. Authorize any utility to make necessary connections for power, water or gas to all
179 applicants for such power or water in the city, when the installation and all facets of the
180 construction or remodel project conform to this title; and
181 J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
182 are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
183 Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
184 for the building official to allow occupancy of qualifying structures, units delivered on site must
185 be provided with a permanently affixed tag identifying the technical code versions, with Utah
186 State Amendments, under which they were built. Individuals making the inspections must be
187 certified and licensed Bbuilding Iinspectors in the State of Utah.; and
188 K. The building official may render interpretations of this title and adopt and enforce
189 rules and supplemental regulations pursuant to adopted state construction codes to clarify the
190 application of its provisions. Such interpretations, rules and regulations shall conform to the
191 intent and purpose of this title, and shall be made available in writing for public inspection upon
192 request.
193
194 18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
195 The building official may delegate any of his/her powers and duties to the construction official,
196 housing official, zoning official, plans examiner, inspectors and assistants, who shall enforce all
197 of the provisions of this title.
198
199 18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
200 The building official, or the building official's authorized representative, shall have the authority
201 to disconnect or order discontinuance of any utility service or energy supply to buildings,
202 structures or equipment therein regulated by this code, in cases of emergency or where necessary
203 for safety to protect life and property. Such utility service shall be discontinued until the
204 equipment, appliances, devices, piping or wiring found to be defective, or defectively installed,
205 are removed or restored to a safe conditionemergency or threat to life or property has ceased.
206
207 18.08.070: DEVIATION FROM REGULATIONS AUTHORIZED WHEN:
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208 Where conditions are extremely adverse to full compliance with the regulations of this title, the
209 building official may grant special permission in writing to deviate from the regulations,
210 provided that in the judgment of the building official such deviation does not create an
211 unsanitary or unsafe condition, and further provided the request for deviation is submitted for
212 approval in writing in advance of the construction or installation.
213
214 18.08.080: DIVISION; RECORD KEEPING AND ACCOUNTING:
215 An itemized account of the business and transactions of the division, the expenses thereof, and
216 the income therefrom for the preceding month shall be made and filed with the mayor each
217 month. Annual reports shall be made and filed with the mayor each year, in the same manner as
218 monthly reports.
219
220 18.08.090: DIVISION; BOOKS, PAPERS AND EQUIPMENT:
221 The city shall provide such instruments, books, papers and equipment as shall be necessary for
222 the proper performance of the duties of the members of the division. The building official shall
223 have charge and control of the books, instruments, papers and equipment used and employed in
224 the division, and shall deliver the same to his/her successor in office.
225
226 18.08.100070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
227 The building official, or his/her assistantsappeals hearing officer, fines hearing officer, or
228 enforcement officials, when acting for the city in good faith and without malice in the discharge
229 of his/her duties, shall not thereby render himself/herself liable personally, and the building
230 official is same are hereby relieved from all personal liability for any damage that may accrue to
231 persons or property as a result of any act required or by reason of any act or omission in the
232 discharge of such official's duties.
233
234 18.08.110080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
235 The building official and any enforcement official, or his/her authorized assistants, shall have the
236 right of entry, within reasonable hours, to any building or premises for the purpose of inspection,
237 or to investigate any work or conditions governed by this title.
238
239 18.08.120090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
240 The building official and his/her assistants shall not in any way engage in the sale or installation
241 of equipment or supplies upon which they are required to make inspection under this code.
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242 SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
243 18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
244 Examiners) shall be, and hereby is amended as follows:
245
246 CHAPTER 18.12
247 BOARD OF APPEALS AND EXAMINERS
248 18.12.010: GENERAL PROVISIONS:
249 The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
250 except as otherwise set forth in this chapter.
251
252 18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
253 In order to (1) hear and decide appeals of orders, decisions or determinations made by the
254 building official relative to the application and interpretation of this title, including any state
255 construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
256 orders by enforcement officials, there shall be and is hereby created a board of appeals and
257 examiners comprised of an appeals hearing officer and the building official. The building official
258 shall be an ex officio member of said board but shall not have a vote on any matter before the
259 board. The mayor may appoint more than one appeals hearing officer, but only one appeals
260 hearing officer shall consider and decide upon any matter before the board. The appeals hearing
261 officer may serve consecutive four year terms upon the advice of the mayor and consent of the
262 city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
263 provide for reasonable interpretations of the provisions of this title and the appeals hearing
264 officer shall be, and to determine the suitability of alternates, there shall be created a board of
265 appeals and examiners, hereinafter called "board", consisting of five (5) members who are
266 qualified by experience and training to pass upon matters pertaining to building construction,
267 housing, and abatement codes and technical disciplines set forth in this titletherein. One board
268 member shall be a LEED accredited professional. The board shall hear and decide appeals where
269 it is alleged there is an error in any order, requirement, decision or determination made by an
270 administrative official in the enforcement of this title. The board may also recommend new
271 ordinances to the city council.
272
273 18.12.030: MEMBERSHIP; TERMPROCEDURE FOR APPEALS TO THE BOARD OF
274 APPEALS & EXAMINERS:
275 Appeals of decisions by the building official or enforcement officials shall be taken in
276 accordance with the following procedures:
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277 A. Form: The appeal shall be filed using an application form provided by the
278 building official. To be considered complete, the application must include all information
279 required on the application, including but not limited to identification of the order, decision or
280 determination being appealed, the alleged error made by stating each fact and every theory of
281 relief on appeal and one or more reasons the appellant claims the administrative decision is in
282 error. Incomplete applications will not be accepted.
283 B. Filing: The application must be submitted as indicated on the form by the
284 applicable deadline, together with all applicable fees as set forth in the Salt Lake City
285 consolidated fee schedule. The applicant shall also be responsible for payment of
286 all fees established for providing the public notice required by the Utah Open and Public
287 Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
288 preparation of mailing labels and all other costs relating to notification. All fees are due at the
289 time of filing the appeal. An appeal will not be considered complete until all applicable fees are
290 paid.
291 C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
292 adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
293 appeal.
294 D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
295 application for appeal is 10 days from the date of the decision, determination or order. Each
296 appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
297 a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
298 appeal in accordance with the provisions of this section shall constitute a waiver of the person's
299 right to an appeal.
300 E. Notice Required. Upon receipt of an appeal the board of appeals and examiners
301 shall schedule and hold a public hearing in accordance with the standards and procedures for
302 conducting public hearings set forth in Chapter 21A.10.
303 F. Standard of Review. The board shall conduct each appeal de novo. The
304 appellant has the burden of proving the decision appealed is incorrect. The board shall render a
305 decision based upon the applicable law. The board shall afford due process to the parties on
306 appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
307 provided such evidence is not unduly cumulative or irrelevant as determined by the board.
308 Hearings shall be conducted informally. After hearing all evidence and legal arguments
309 presented by the parties, the board shall apply the plain language of the applicable law and
310 issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
311 G. Effect of Decision. The decision of the board is a final decision of the city,
312 appealable to district court. No person may challenge in district court any order, decision, or
313 enforcement action taken pursuant to this title unless and until that person has exhausted the
314 administrative remedies provided by this chapter.
315 H. Procedures. The proceedings of each appeal hearing shall be recorded and such
316 recordings shall be retained for a period that is consistent with city retention policies and any
317 applicable retention requirements set forth in state law. The building official shall adopt
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318 policies and procedures, consistent with the provisions of this chapter, for processing appeals,
319 the conduct of an appeal hearing, and for any other purpose considered necessary to properly
320 consider an appeal.
321 I. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
322 provision of this title specifically states otherwise.
323 J. Requesting a Stay: The board may grant a request submitted by any party to the
324 appeal to stay a decision of the building official or enforcement official for a specified period of
325 time or until the board issues a decision, if the requesting party can show a stay is necessary to
326 prevent substantial harm to the requesting party. No request is required if a provision of this title
327 imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
328 board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
329 the appeal being deemed complete. If the board does not decide a request for a stay within 10
330 days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
331 authorized for incomplete appeals or appeals filed after the appeal deadline.
332 Members of the board shall hold office for five (5) years. The building official shall be an ex
333 officio member of the board, and shall act as secretary.
334
335 18.12.040: BOARD DECISIONS:
336 The board of appeals shall render all decisions and findings in writing to the parties within 14
337 days of the hearing on the appealbuilding official and appellants.
338
339 18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
340
341 A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
342 pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
343 imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
344 civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
345 may affirm or reduce an abatement statement of costs and may approve abatement cost payment
346 schedules.
347 B. Right to Appear: Any responsible party receiving a notice and order or statement
348 of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
349 fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
350 division of building services. However, in the case of civil fines, no party may appear before a
351 fines hearing officer until violations identified have been corrected. Appeals to a fines hearing
352 officer contesting the amount of the civil fine imposed must be filed within 30 days from the date
353 of compliance. Appeals to a fines hearing officer contesting the statement of abatement costs
354 must be filed within 20 days from the date the statement of costs is delivered, but the only issue
355 on such appeal is the amount of such costs and not the city’s determination to incur abatement
356 costs. Failure of any person to file an appeal in accordance with the provisions of this section
357 shall constitute a waiver of the person's right to an appeal.
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358 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
359 not relieve the responsibility of any responsible party to correct the violation or make payment of
360 accrued civil fines nor shall it require the city to reissue any of the notices required by this
361 chapter.
362 D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
363 hearing officer after the violation is corrected and if any of the following conditions exist:
364 1. Strict compliance with the notice and order would have caused an
365 imminent and irreparable injury to persons or property;
366 2. The violation and inability to correct the same were both caused by a force
367 majeure event such as war, act of nature, strike or civil disturbance;
368 3. A change in the actual ownership of the property was recorded with the
369 Salt Lake County Recorder's Office after a notice of violation was issued and the new
370 property owner is not related by blood, marriage or common ownership to the prior
371 owner; or
372 4. Such other mitigating circumstances as determined by the fines hearing
373 officer.
374 E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
375 fines hearing officer shall schedule and hold a public hearing in accordance with the standards
376 and procedures for conducting public hearings set forth in Chapter 21A.10.
377 F. Payment Schedule: At the request of a responsible party subject to civil fines or
378 abatement costs governed by this title, the fines hearing officer may approve a payment schedule
379 for the delayed or periodic payment of the applicable civil fine or abatement costs to
380 accommodate the person's unique circumstances or ability to pay.
381 G. Failure to Comply with Payment Schedule: If a payment schedule has been
382 developed by the fines hearing officer, the failure by a person to submit any 2 payments as
383 scheduled shall cause the entire amount of the original civil fine or abatement cost to become
384 immediately due, less any payments actually made.
385 18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
386 The city, or any person aggrieved by any decision of the board or fines hearing officer as to
387 abatement costs, may appeal to district courthave and maintain an action for relief therefrom in a
388 court of competent jurisdiction, provided a so long as the petition for such relief is filed
389 withpresented to the court within thirty (30) days of the board’s or fines hearing officer’s
390 decisionafter the filing of such decision in the office of the board.
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391 SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
392 18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
393 shall be, and hereby is amended as follows:
394
395 CHAPTER 18.16
396 REGISTRATION AND LICENSES
397
398 ARTICLE I. CONTRACTOR REGISTRATION
399
400 18.16.010: REGISTRATION; PREREQUISITE TO BUILDING WORK:
401 It is unlawful for any person, firm or corporation to perform any work requiring a permit from
402 the city division of building and housing services without first having registered with the
403 building official.
404
405 18.16.0210: STATE CONTRACTOR LICENSE REQUIRED:
406 Except as provided in Section 18.20.070, eEvery applicant for registration a permit issued
407 pursuant to this title shall furnish evidence that such applicant is currently licensed under the
408 provisions of the Utah contractor's license law as it presently exists or hereafter may be
409 amended, giving the classification and number of the license, and shall have secured all licenses
410 required by the ordinances of Salt Lake City.
411
412 18.16.0240: EXCAVATION BOND REQUIRED:
413 Any person, firm or corporation properly licensed to do business in accordance with this title
414 who in the course of their work has occasion to excavate in the city streets, alleys or rights of
415 way shall file an additional bond with the city in the amount of ten thousand dollars
416 ($10,000.00), or such larger amount as the city engineermayor may require.
417
418 18.16.050: FEE FOR REGISTRATION:
419 Each person, firm or corporation required to register in accordance with this chapter shall pay a
420 registration fee shown on the Salt Lake City consolidated fee schedule for each fiscal year, or
421 part thereof.
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422 18.16.0360: LICENSE AND REGISTRATION NOT TRANSFERABLE:
423 It is unlawful for any contractor to use such contractor's license or registration or to allow his/her
424 license to be used in any way for the purpose of procuring a license bond, registration or permit
425 for any person other than such contractor.
426
427 18.16.0470: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
428 It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
429 or apparatus that has not been approved by a recognized listing agency.
430
431 SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
432 18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
433 shall be, and hereby is amended as follows:
434
435 CHAPTER 18.20
436 PERMITS AND INSPECTIONS
437
438 18.20.010: WORK REQUIRING PERMIT:
439 No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
440 remove, convert or demolish any building, structure or premises, or make any installation,
441 alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
442 structure or premises, or cause the same to be done, without first obtaining the prescribed permits
443 for each such building or structure or premises from the building official.
444
445 18.20.020: EXEMPT WORK DESIGNATED FEES:
446 A. A building permit shall not be required for the following:
447 1. Playhouses and similar uses;
448 2. Oil derricks;
449 3. Movable cases, counters and partitions not over five feet (5') high;
450 4. Retaining walls which are not over two feet (2') in height measured from the bottom of
451 the footing to the top of the wall, unless supporting a surcharge or impounding flammable
452 liquids;
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453 5. Water tanks supported directly upon grade if the capacity does not exceed five thousand
454 (5,000) gallons and the ratio of height to diameter or width does not exceed two to one (2:1);
455 6. Painting, papering and similar finish work;
456 7. Temporary motion picture, television and theater stage sets and scenery;
457 8. Window awnings supported by an exterior wall of group R, division 3, and group M
458 occupancies, when projecting not more than fifty four inches (54").
459 B. Unless otherwise exempted, separate plumbing, electrical and mechanical permits shall be
460 required for the above exempted items.
461 C. Exemption from the permit requirements of this code shall not be deemed to grant
462 authorization for any work to be done in any manner in violation of the provisions of this code or
463 any other laws or ordinances of this jurisdiction.
464
465 A. Building permit fees shall be based on the total valuation of the proposed project
466 as shown on the Salt Lake City consolidated fee schedule.
467 B. Plan review fees shall be 65% of the building permit fees.
468 C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
469 times the standard building plan review fee.
470 D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
471 each month, after the initial 30 day temporary certificate of occupancy, which has no additional
472 cost associated with it; due before the first of the month and only allowed for up to 3 renewals
473 after the initial free 30 day period. Partial months will not be refunded.
474 E. Fees for renewing expired plan review after 180 days as governed by Section
475 18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
476 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
477 each permit for fencing.
478 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
479 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
480 consolidated fee schedule.
481
482 18.20.030: APPLICATION; FORM AND FILING:
483 To apply forobtain a building permit the applicant shall first file an application on a form
484 furnished by the building official and pay the requisite fee therefor as established in the Salt Lake
485 City consolidated fee schedule, in writing, on a form furnished for that purpose.
486
487 18.20.040: APPLICATION; PLANS AND OTHER DATA:
488 Each application for a permit shall be accompanied by all required plans, diagrams and other
489 data, in duplicate, unless otherwise required by the building official. The building official may
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490 require the plans and other data to be prepared and designed by an engineer or architect licensed
491 by the state to practice as such.
492
493 18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
494 A. Application Review: Except as provided in subsection B of this section, the
495 application plans and data filed by an applicant for a building permit shall be checked by the
496 building official. Said application may be reviewed by other government agencies or
497 departments to check compliance with the laws and ordinances under their jurisdiction. If the
498 building official is satisfied that the work described in an application for a building permit and
499 plans filed therewith conform to the requirements of this title and other pertinent ordinances and
500 laws and that the required fees have been paid, the building official shall issue a permit therefor
501 to the applicant. No building permit shall be issued unless and until the plans and specifications
502 comply with all applicable land use regulations, including but not limited to Title 21A. The
503 building official may issue a permit for the construction of part of a building or structure before
504 the entire plans and specifications for the whole building or structure have been submitted or
505 approved, provided adequate information and detailed statements have been filed complying
506 with all pertinent requirements of this title. The holder of such permit shall proceed at his or her
507 own risk without assurance that the permit for the entire building or structure will be granted.
508 B. Expedited Plan Review: A building permit applicant may seek an expedited
509 building plan review, provided that the applicant pay the expedited plan review fee set forth in
510 sSection 18.2032.02035 of this title. The expedited building plan review may be conducted by a
511 qualified third party with significant experience conducting building plan reviews, as selected
512 and approved by the building official. The person(s) assigned to conduct the expedited building
513 plan review shall provide initial comments, including corrections to be made to the building
514 plans, within ten (10) business days of the date the application was filed and all fees paid.
515 C. Plan Review Expiration: If a building permit applicant fails to submit corrected
516 building plans in accordance with the comments and requirements of the building services
517 division or its authorized representative within one hundred eighty (180) days of the division
518 transmitting such comments and requirements to the applicant, or if the applicant fails to pay the
519 required building permit fee within one hundred eighty (180) days of the division informing the
520 applicant that its building plans are approved and the building permit fee is due, the plan review
521 shall expire at the end of such period and the review become null and void. An expired plan
522 review may be renewed, provided that the applicant pay the plan review renewal fee established
523 in sSection 18.2032.020035 of this title, however, no plan review may be renewed after three (3)
524 years from the original submission date or if new versions of the codes adopted pursuant to
525 Section 18.04.040 have come into effect since the prior plan review was conducted.
526
527 18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
528 Except as otherwise provided by this title, it is unlawful to issue a permit no building permit shall
529 be issued to any person other than a duly registered licensed contractor licensed to do business
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530 by the state department of business regulation, and registered by the city division of building and
531 housing services by the State of Utah Division of Professional Licensing or its successor.
532
533 18.20.070: HOMEOWNER PERMITS:
534 Any permit required by this title may be issued to any person to do any work regulated by this
535 title in a single-family dwelling used exclusively for such person's living purposes, including the
536 usual accessory buildings and quarters in connection with such buildings, provided that any such
537 person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
538 the same are occupied or designed to be occupied by such owner, and further provided that the
539 owner shall furnish the building official with a complete layout drawing of the proposed work,
540 satisfy the building official that he or she has a working knowledge of the code requirements,
541 performs the work himself or herself, pays the necessary inspection fees, and calls for all
542 inspections required by this title.
543
544 18.20.080: PERMIT; EFFECT OF ISSUANCE:
545 The issuance of a permit or approval of plans or other data shall not be construed to be a permit
546 for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
547 of third parties. The issuance of a permit based upon plans and other data shall not prevent the
548 building official from thereafter requiring the correction of errors in said plans and data or from
549 stopping construction activitybuilding operations being carried on thereunder when in violation
550 of this title or any other ordinancelaw. The city shall have no obligation to enforce the rights of
551 third parties or recover damages to third parties due to the acts or omissions of permit holders.
552
553 18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
554 EMERGENCIES:
555 A. Whenever any work requiring a permit under this title is commenced without a
556 permit first having been obtained the building official may pursue enforcement of this title
557 pursuant to Chapter 18.24.
558 B. Fee Increase When: Whenever any construction or work for which a permit is
559 required by this title is started or commenced without obtaining the prescribed permit, the fees
560 specified in this title may be increased by the building official up to a fee of ten percent (10%) of
561 the valuation of the proposed construction as determined by the building official, or one
562 thousand dollars ($1,000.00), whichever is greater, but the payment of such increased fees shall
563 not relieve any persons from fully complying with the requirements of this title in the execution
564 of the work nor from any other penalties prescribed herein.
565 B. C. Exception; Emergency Work: This provision section shall not apply to
566 emergency work when it shall be proved to the satisfaction of the building official that such work
567 was urgently necessary and that it was not practical to obtain a permit therefor before the
568 commencement of the work. In all such cases, a permit must be obtained as soon as it is practical
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LEGISLATIVE DRAFT
569 to do so, and if there be an unreasonable delay in obtaining a permit, a double fee, as herein
570 provided, shall be charged.
571
572 18.20.100: PERMIT; DENIAL CONDITIONS:
573 The building official may refuse to issue any permit for work governed by this title to any person
574 who has a permit revoked in accordance with this title, or during such time as such person fails
575 to comply with any provision of this title or Title 21A. No permit shall be issued to the
576 responsible party for a property actively subject to enforcement proceedings by the city for
577 violations of this title or Title 21A, except for permits required to correct the violations.
578
579 18.20.110: PERMIT; EXPIRATION AND RENEWAL:
580 Every permit issued by the building official under the provisions of this title shall expire by
581 limitation and become null and void if the building or work authorized by such permit is not
582 commenced within one hundred eighty (180) days from the date of such permit or if the building
583 or work authorized by such permit is suspended or abandoned at any time after the work is
584 commenced for a period of one hundred eighty (180) days. Before such work can be
585 recommenced, the permittee must request that the permit shall first be renewed by the building
586 official and the fee therefor shall be one-half (1/2) the amount required for a new permit for such
587 work. Such renewal may be granted if such request is made prior to the permit expiring upon the
588 permittee demonstrating justifiable cause for the renewal, and provided no changes have been
589 made or will be made in the original plans or scope of such work. Such renewal shall be denied if
590 such request is made after the permit has expired and (1), and provided no changes have
591 occurred relative to other municipal regulations impacting the use, size, yard, space or other
592 requirements concerning the proposed structure or development have changed since the permit
593 was issued, (2) material changes have been made or will be made in the original plans or scope
594 of work, or (3) justifiable cause does not exist to allow the project to be renewed. In connection
595 with renewing a permit that pertains to construction of a new structure or substantial exterior
596 alteration of a site the building official may impose reasonable conditions regarding a deadline to
597 complete the work, posting of a bond, erection of fences, securing methods, and similar
598 conditions to mitigate the hazards of and limit the nuisances of ongoing construction. Whenever
599 a construction permit is taken out in order to resolve the violation(s) specified in a notice and
600 order, the expiration date for the permit shall coincide with the time limit for resolution of the
601 violation(s) contained in the notice and order.
602
603 18.20.120: PERMIT; NOT TRANSFERABLE:
604 Building permits are non-transferable without completion of a permit transfer document
605 approved by the building official. When any work construction activity regulated by this title is
606 not completed by the permittee identified inunder the permit and is insteadissued to him or her
607 for the work and the work in question is added to or completed by any other personone or more
608 contractors, such personeach contractor shall procure a permit to cover the work he or she
609 performs.
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610
611 18.20.130: PERMIT; SUSPENSION OR REVOCATION:
612 The building official may, in writing, suspend or revoke a permit issued under provisions of this
613 title whenever the permit is issued in error, or on the basis of incorrect inaccurate information
614 supplied, or upon a finding of ain violation of any ordinance or regulation of any of the
615 provisions of this title or Title 21A.
616
617 18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
618 Any person adversely affected by the action of the building official made pursuant to Section
619 18.20.130in accordance with the preceding sections may appeal pursuant to Chapter 18.12to the
620 board of appeals and examiners for a hearing upon such revocation or denial, except that an
621 appeal of a revocation or suspension of a building permit based upon a finding of a violation of
622 Title 21A shall be made to the appeals hearing officer as set forth in Chapter 21A.16.
623
624 18.20.150: INSPECTION OF WORK:
625 A. All construction, work and equipment for which a permit is required shall be
626 subject to inspections by the building official. The building official may make or require any
627 inspection of any construction work to ascertain compliance with the provisions of this title and
628 other laws which are enforced by the division.
629 B. No construction, work or equipment regulated by this title shall be connected to
630 any energy, fuel or power supply or water system or sewer system until authorized by the
631 building official.
632 C. Prior to issuance of a building permit or during construction aA survey of any lot
633 or parcel may be required by the building official to verify compliance of structures with
634 approved plans.
635 D. The building official shall not be liable for any expense entailed in the removal or
636 replacement of any material required to allow an inspection.
637 E. If a property subject to a building permit is open and unattended, such that
638 unauthorized persons are accessing the property, or the open nature of the work poses a risk to
639 the health, safety, and welfare of the public, the building official shall order the owner of the
640 property to immediately secure the property, including by fencing and boarding, by issuing a
641 notice and order in accordance with Section 18.24.040. If the property is not secured within the
642 cure period set forth in the notice and order, which shall not be less than 10 days, then the city
643 may secure the property and recover its costs in accordance with Section 18.48.100.
644
645 18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
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LEGISLATIVE DRAFT
646 No work shall be done on any part of the building or structure beyond the point indicated in each
647 successive inspection without first obtaining the written approval of the building official. Such
648 written approval shall be given only after an inspection shall have been made of each successive
649 step in the construction as indicated by each of the inspections required by the building official.
650
651 18.20.170: REQUESTS FOR INSPECTIONS:
652 The building official may require that every request for the inspection be madefiled at least one
653 day before such inspection is required and in such method as prescribed by the building official.
654 Such request may be in writing or by telephone. It shall be the duty of the person requesting any
655 inspections required by this title to provide access to and means for proper inspection of such
656 work. Nothing in this section shall be construed to require the building official to perform an
657 inspection within the notice period provided herein.
658
659 18.20.180: INSPECTION RECORD CARD:RESERVED
660 Work requiring a permit shall not be commenced until the permit holder or his or her agent shall
661 have posted an inspection record card in a conspicuous place on the front premises, or on an
662 electrical service panel, and in such position as to allow the director conveniently to make the
663 required entries thereon regarding inspection of the work. This card shall be maintained in such
664 position by the permit holder until the building or structure is completed and ready for
665 occupancy.
666
667 18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
668 There shall be aA final inspection and building official approval are required on all buildings and
669 structures requiring a building permit prior towhen completed and ready for occupancy. A fFinal
670 inspection approval shall be issued in the form of a certificate of occupancy. A building or
671 structure shall not be used or occupied in whole or in part, and a change in occupancy of a
672 building or structure or portion thereof shall not be, until the building official has issued a
673 certificate of occupancy therefor. A certificate of occupancy may, upon notice, be revoked by the
674 building official if the building official finds that any construction, work or equipment fails in
675 any respect to comply with the requirements of this title, or that the installation is unsafe,
676 dangerous, or a hazard to life or propertyelements of the property for which a certificate was
677 issued have been changed or modified, including a change in occupancy classification, without
678 obtaining the requisite permits required by this title. A certificate of occupancy shall be issued as
679 specified in the adopted uniform building code, as amended.
680
681 18.20.200: REINSPECTIONS AND FEES:
682 A. A reinspection fee may be assessed:
683 1. When the approved plans are not readily available to the inspector;
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LEGISLATIVE DRAFT
684 2. For failure to provide access on the date for which the inspection is
685 required;
686 3. For deviating from plans requiring the approval of the building official.
687 B. In instances where reinspection fees have been assessed or reinspection is
688 necessary, no additional inspection of the work will be performed until the required fees have
689 been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
690 the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
691 City consolidated fee schedule for each additional inspection required.
692
693 18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
694 A. Each permit holder shall be responsible to see that vehicles used in the process of
695 carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
696 upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
697 permit has been obtained from the city engineer for use of a designated portion of the right of
698 way with provisions made to keep that portion of the right of way and adjacent areas cleared of
699 mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
700 of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
701 Corporation. The suitable process shall consist of:
702 1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
703 body surface of the trucks, or its equivalent;
704 2. The cleaning area shall be arranged to furnish adequate draining to prevent
705 puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
706 slab;
707 3. The cleaning area shall be located on private property and arranged in
708 such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
709 way except where permission has been granted by the city engineer;
710 4. The cleaning water or solution used for cleaning shall not be allowed to
711 enter the city streets, gutter, or storm drain or sanitary sewer system.
712 B. All trucks and equipment leaving the site with earthen materials or loose debris
713 shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
714 streets and/or sidewalks.
715 C. Ramps constructed over curbs and gutters shall not interfere with or block the
716 passage of water along the gutter and shall be constructed of asphalt material that will not erode
717 or deteriorate under adverse weather conditions.
718 D. The permit holder shall install erosion and water runoff controls sufficient to
719 ensure that no stormwater, surface water, sediments or debris from the construction site shall
720 drain or wash or be tracked into any public right of way or other adjacent properties, including
721 curb and gutter, unless permission has been granted through the erosion control plan. These
722 controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
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LEGISLATIVE DRAFT
723 storms, unseasonal storms, or methods of construction. The director of building and housing
724 servicesbuilding official or the city engineer may require, when in his/her discretion he/she
725 deems necessary, an erosion control plan to be submitted for approval. Such plan may be
726 required any time during construction and must be submitted within five (5) days of the request.
727 The director of building and housingbuilding official or the city engineer may suspend all work
728 until the plan requested is approved. The permit holder will maintain all erosion control facilities
729 throughout the life of the construction project. He/she will monitor their effectiveness after
730 storms and make the necessary adjustments to ensure they function correctly.
731 E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
732 excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
733 rendered unusable by either the storage of construction equipment or materials or the
734 construction procedures used, unless a safe, usable alternate walkway along the same side of the
735 street is provided by the contractor unless a permit has been issued by the city engineer's office.
736 All alternate walkways shall be ramped in accordance with handicap ramp requirements and so
737 constructed as to provide an all weather walking surface 4four feet (4') wide as sound and
738 smooth as the normal concrete sidewalk.
739 F. The permit holder shall be responsible for the immediate removal of mud, dirt or
740 debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
741 or by the permit holder's construction procedures.
742 G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
743 which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
744 to the city of such removal will be charged to the property owner or contractor (permit holder),
745 including legal fees, if any. Payment of such charges will be made to the city prior to
746 certification of final inspections, utility clearances, and issuance of a certificate of occupancy.
747 H. The director of building and housing servicesbuilding official or the city engineer
748 is empowered to suspend any permit until the permit holder installs the necessary cleaning
749 equipment and/or erosion control facilities to ensure that no dust or debris is deposited upon the
750 streets and sidewalks of Salt Lake City Corporation. Such device shall operate in a manner
751 satisfactory to the director of building and housing servicesbuilding official or the city engineer.
752 I. A violation of this chapter shall be punished as a class B misdemeanor, and the
753 issuance of a criminal complaint shall not excuse the permit holder of his or her responsibilities
754 to abate the problem. Each day the violation exists shall be a separate offense.
755
756 18.20.220: WAIVER OR DEFERRAL OF FEES:
757 Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
758 by this title on an annual or project by project basis as provided below:
759 A. Petitions shall be filed with the division of housing stabilityappeals and advisory
760 board ("HAAB").
761 B. Waivers shall not be granted for projects that are receiving seventy five percent
762 (75%) or more of their funding directly or indirectly from state or federal agencies, except for
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763 projects that upgrade or construct owner occupied housing or multiple dwelling units used for
764 very low income housing as provided by the guidelines established by the United States
765 department of housing and urban development.
766 C. Waivers under five hundred dollars ($500.00) may be granted by the director of
767 community and neighborhoods.
768 D. Waiver requests over five hundred dollars ($500.00), and director denials of
769 waivers under five hundred dollars ($500.00) shall be heard informally before the director of the
770 department of community and neighborhoodsHAAB after notice of the hearing has been posted
771 for seven (7) days in the office of the city recorder.
772 ED. HAABThe director of the department of community and neighborhoods may
773 recommend granting the waiver or deferral if ithe/she finds that the project or projects, and the
774 sponsoring nonprofit organization furthers the city's established low income housing goals to
775 provide housing for persons or families under eighty percent (80%) of the city's median income,
776 as defined by the United States department of housing and urban development, and also meets all
777 applicable guidelines established for any such programs by the United States department of
778 housing and urban development. HAAB The director may recommend that waivers may be
779 granted for remodeling or construction of offices for nonprofit housing corporations if ithe/she
780 finds that such remodeling or construction will save the corporation money and that such savings
781 will be applied to a specific housing project.
782 FE. The HAABdirector’s recommendation will be made to the director of community
783 and neighborhoodscity council and considered at a public meeting, who shall issue the decision
784 of the department. The property owner of any project(s) for which a waiver or deferral of fees is
785 granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
786 attorney, against the applicable property pertaining to the affordable housing that shall be
787 provided at the property, or (2) a binding agreement regarding the method in which the fee
788 savings shall be applied to a specific housing project.
789 G. Any person or entity dissatisfied with the decision of the director may appeal such
790 decision to the mayor or the mayor's designee, whose decision shall be final.
791 HF. HAAB Fee waivers or deferrals shall not be granted may not grant a waiver or
792 deferral to any organization which owns, operates, manages or is related by common ownership
793 or management to any other such organization which owns, operates or manages buildings for
794 which existing notices of code violations have not been curedcorrected.
795
796 SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
797 18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
798 shall be, and hereby is amended as follows:
799 CHAPTER 18.24
800 ENFORCEMENT AND PENALTIES
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LEGISLATIVE DRAFT
801
802 18.24.010: MANDATORY AND PROHIBITIONARY NATURE OF
803 PROVISIONSENFORCEMENT RESPONSIBILITY AND AUTHORITY:
804 A. It is unlawful for any person, firm or corporation to perform any act prohibited by
805 this title, specifically chapters 18.04 through this chapter, 18.32 through 18.44, 18.48 through
806 18.64, 18.72, 18.76, 18.84 and 18.88 of this title, or to fail or to refuse to perform any act
807 required by this title and said chapters, or to aid or abet therein, or to fail or refuse to comply
808 with any valid order issued by the building official or his or her designee pursuant to the
809 provisions of this title.
810 B. No permits shall be issued to any applicant during the time such applicant fails to
811 correct any defective work or noncomplying installation of equipment after written notice by the
812 building official of the division of building and housing services or his or her designee.
813 C. Any person, firm or corporation violating any of the provisions of this title shall
814 be guilty of a misdemeanor.
815 Unless otherwise provided by this title, the building official is authorized and responsible for
816 enforcement of this title. The fire marshal or designee shall be the principal enforcement
817 officer on post construction activity with respect to the fire codes. Whenever one or more
818 violations of this title exist, any enforcement official has the authority to obtain compliance
819 subject to the provisions of this code. Unless otherwise provided, any violation of this title
820 shall be subject to the enforcement processes and penalties as set forth in this chapter.
821
822 18.24.020: CONTINUING OFFENSES DEEMED DAILY VIOLATIONSCRIMINAL
823 PENALTIES:
824 Where no other penalty is prescribed, any person convicted of violating any provision of this title
825 shall be punished as provided by section 1.12.050 of this code, or its successor section, and each
826 day that any violation of this title is permitted to continue shall constitute a separate offense.
827 Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
828 violate the provisions of this title, either by failing to do those acts required or by doing an act
829 prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
830 this title or the codes referred to herein. Each day that any violation of this title is permitted to
831 continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
832 state law.
833
834 18.24.030: CHOICE OF REMEDIES:
835 A. In addition to any criminal prosecution, this title may be enforced through
836 administrative or civil actions. The city may pursue any legal remedy to ensure compliance
837 with this title including, but not limited to, injunctive relief. The city has sole discretion over
838 which remedy or combination of remedies it may choose to pursue.
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LEGISLATIVE DRAFT
839 B. If the city elects to pursue through administrative or civil actions one or more
840 violations of the provisions of this title, a civil penalty shall be assessed for each violation in
841 the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
842 continues after notice of the same shall give rise to a separate civil fine.
843 C. The possibility of an administrative or civil remedy does not interfere with the
844 city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
845 both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
846 be assessed, but other remedies, such as orders to correct the violations or other declaratory or
847 injunctive relief, is available to the city.
848
849 D. The city may use such lawful means as are available to obtain compliance with
850 the provisions of this title and to collect the civil fines that accrue as a result of the violation of
851 the provisions of this title, including but not limited to a legal action to obtain one or more of the
852 following: an injunction, an order of mandamus, an order requiring the property owner or
853 occupant or permittee to abate the violations, an order permitting the city to enter the property
854 and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
855 including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
856 the city.
857
858 E. In addition to the other remedies provided by this title, upon the finding of a
859 violation of this title the building official may evacuate or close a building to occupancy when
860 necessary to protect the public or neighboring property from a risk to health or safety. The
861 building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
862 been issued.
863
864 F. Recurring Violations: In the case where a violation, which had been corrected,
865 reoccurs at the same property within 6 months of the initial correction and is due the actions or
866 inactions of the same responsible party as the prior violation, the city may begin enforcement of
867 said recurring violation and impose fines after a 10 day warning period.
868
869 18.24.040: NOTICE & ORDER; STOP WORK ORDER:
870 A. Notice and Order.
871 1. Upon a determination that there is a violation of this title an enforcement
872 official may provide a written notice and order to any responsible party. The written
873 notice and order shall state:
874 a. The name and address, if known, of the responsible party;
875 b. the date and location of each violation;
876 c. the code sections violated;
877 d. that the violations must be corrected;
878 e. provide a specific date by which the enforcement official orders that
879 the violations be corrected by;
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880 a. the amount of the civil fine to accrue for each violation, or other
881 enforcement action that the enforcement official intends to pursue, if
882 the violation is not corrected by the date specified;
883 b. identification of the right to and procedure to appeal; and
884 c. the signature of the enforcement official.
885 2. The enforcement official shall serve the notice and order on the
886 responsible party by:
887 a. Posting a copy of the written notice and order on the noncompliant
888 property, and
889 b. By mailing the notice and order through certified mail or reputable
890 mail tracking service that is capable of confirming delivery. If the
891 responsible party is the property owner of record, then mailing shall be
892 to the last known address appearing on the records of the Salt Lake
893 County Recorder. If the responsible party is any other person or entity
894 other than the owner of record, then mailing shall be to the last known
895 address of the responsible party on file with the city.
896 c. Notwithstanding the foregoing, personal service upon the responsible
897 party shall be sufficient to meet the notice and order mailing
898 requirements of Subsection 18.24.040.A.2.b.
899 3. Following the issuance of a notice and order, any responsible party shall
900 correct the violations specified in the notice and order. Upon correction of the violations
901 specified in the notice and order, the responsible party shall request an inspection of the
902 property.
903 4. Following a request for an inspection as set forth in Subsection
904 18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
905 determine whether the violations alleged in the notice and order have been corrected,
906 including, if applicable, all necessary permits have been issued and all final inspections
907 have been performed as required by applicable city codes.
908 5. If one or more violations are not corrected by the deadline specified in the
909 notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
910 Accumulation of civil fines for violations, but not the obligation for payment of civil
911 fines already accrued, shall stop upon correction of the violation(s) once confirmed
912 through an inspection requested pursuant to Subsection 18.24.040.A.3.
913 6. The responsible party shall have the right to contest the notice and order at
914 an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
915 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
916 City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
917 waiver of the right to appeal.
918
919 B. Stop Work Order. Upon a determination that there is a violation of this title an
920 enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
921 issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
922 after the correction period set forth in the notice and order, then a daily civil fine in the amount
923 set forth in the Salt Lake City consolidated fee schedule shall be imposed.
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924
925 18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
926 A. Upon expiration of the correction period set forth in a notice and order or stop
927 work order, and where the violation(s) remain uncorrected, the city may record on the
928 noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
929
930 B. The recordation of a notice of noncompliance shall not be deemed an
931 encumbrance on the noncompliant property but shall merely place interested parties on notice of
932 any continuing violation of this title at the noncompliant property.
933
934 C. If a notice of noncompliance has been recorded pursuant to Section A and the
935 enforcement official determines that all violations have been corrected, the enforcement official
936 shall issue a notice of compliance by recording the notice of compliance on the property with the
937 Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
938 effect of canceling the recorded notice of noncompliance.
939
940 D. If the city files an action for injunctive relief seeking abatement of one or more
941 violations and the district court authorizes the abatement of one or more violations and the city
942 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
943 and may be considered an encumbrance on the property.
944
945 SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
946 18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
947 Regulations) shall be, and hereby is amended as follows:
948 CHAPTER 18.28
949 SITE DEVELOPMENT REGULATIONS
950
951 18.28.010: GENERAL PROVISIONS:
952 A. Authority: This chapter is enacted pursuant to title 10 of the, Utah Code
953 Annotated, 1953, as amended. This chapter is further enacted as an element of the Salt Lake City
954 master plan.
955 B. Applicability: The provisions of this chapter shall apply to all site development
956 within Salt Lake City; however, a permit shall be required only for those types of developments
957 set forth in subsections 18.28.040A, "General Application", and 18.28.050A, "General
958 Application", of this chapter.
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LEGISLATIVE DRAFT
959 C. Purpose: This title chapter is adopted: to promote public safety and the general
960 public welfare; to protect property against loss from erosion, earth movement, earthquake
961 hazard, and flooding; to maintain a superior community environment; to provide for the
962 continued orderly growth of the city to ensure maximum preservation of the natural scenic
963 character of major portions of the city by establishing minimum standards and requirements
964 relating to land grading, excavations, and fills; and to establish procedures by which these
965 standards and requirements may be enforced. It is intended that this chapter be administered with
966 the foregoing purposes in mind and specifically to:
967 1. Ensure that the development of each site occurs in a manner harmonious
968 with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
969 and similar hazards;
970 2. Ensure that public lands and places, watercourses, streets, and all other
971 lands in the city are protected from erosion, earth movement, and drainage hazards;
972 3. Ensure that the planning, design, and construction of all development will
973 be done in a manner which provides maximum safety and human enjoyment, and, except
974 where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
975 possible;
976 4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
977 protection against erosion, earth movement, and other hazards and to aid in preservation
978 of the natural scenic qualities of the city; and
979 5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
980 appropriate earthquake hazard mitigation measures are incorporated into the planning and
981 execution of site development.
982 D. Identification Oof Fault Hazards: Pending the completion by the Utah geological
983 survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
984 existing information available from UGS or other publicly or privately prepared geological
985 reports to identify fault hazards.
986 E. Format: This chapter is designed to establish administrative and enforcement
987 procedures and minimum standards applicable to site development activities according to the
988 following categories:
989 1. Section 18.28.040 of this chapter governs site development associated
990 with construction of individual buildings under authorized building permits;
991 2. Section 18.28.050 of this chapter governs site development not requiring
992 permits under subsection E1 of this section.
993
994 18.28.020: DEFINITIONS:
995 A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
996 are defined as set forth below:
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LEGISLATIVE DRAFT
997 AS GRADED: The surface conditions existent upon completion of grading.
998 BEDROCK: In place, solid, rock.
999 BENCH: A relatively level step excavated into earth material on which fill is to be placed.
1000 BORROW: Earth material acquired from an off site location for use in grading a site.
1001 BUILDING OFFICIAL: The director of the building and housing services department of Salt
1002 Lake City.
1003 BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
1004 alteration of a structure or building.
1005 CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
1006 required have been performed by the person or under their supervision, and that the results of
1007 such reports, inspections, and tests comply with the applicable requirements of this chapter.
1008 CITY ENGINEER: The city engineer of Salt Lake City.
1009 CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
1010 field of civil works.
1011 CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
1012 mechanics, and the properties of materials to the evaluation, design, and construction of civil
1013 works for the beneficial uses of mankind.
1014 COMPACTION: The densification of fill by mechanical means.
1015 CUBIC YARDS: The volume of material in an excavation and/or fill.
1016 CUL-DE-SAC: A street closed at one end.
1017 CUT: See definition of Excavation.
1018 DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
1019 house, garage, or other structure, to a road or street.
1020 EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
1021 ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
1022 university, with five (5) or more full years of professional postgraduate experience in the
1023 application of the geological sciences, of which three (3) full years shall be in the field of
1024 engineering geology that has required the application of geological data, techniques, and
1025 principles to engineering problems dealing with groundwater, naturally occurring rock and soil,
1026 and geologic hazards for the purpose of assuring that geological factors are recognized and
1027 adequately interpreted and presented.
1028 EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
1029 and/or ice.
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LEGISLATIVE DRAFT
1030 EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
1031 material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
1032 shall include the conditions resulting therefrom.
1033 EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
1034 before excavation or filling.
1035 FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
1036 pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
1037 conditions resulting therefrom.
1038 FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding
1039 twelve12 inches (12") in diameter, metal, and organic material except that topsoil spread on cut
1040 and fill surfaces may incorporate humus for desirable moisture retention properties.
1041 FUEL BREAK: A strategically located strip or block of land, varying in width, on which
1042 vegetation has been modified to provide a safer place for firefighters to work and to help reduce
1043 the rate of fire spread.
1044 GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
1045 and shall include the conditions resulting from any excavation or fill.
1046 LICENSED ARCHITECT: An architect who is registered with the division of occupational and
1047 professional licensing of the state of Utah.
1048 NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
1049 topography of the earth prior to changes made by the efforts of man.
1050 ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
1051 PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
1052 zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
1053 PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
1054 horizontal run of the slope into the vertical rise of the same slope, measured between contour
1055 lines on the referenced contour map and converting the resulting figure into a percentage value.
1056 This calculation is described by the following formula:
1057
1058 S = V/H
1059 Where
1060 "S" is the percent of slope;
1061
1062 "V" is the vertical distance; and
1063
1064 "H" is the horizontal distance.
30
LEGISLATIVE DRAFT
1065
1066 PERMITTEE: Any person to which a site development permit has been issued.
1067 PERSON: Any person, firm or corporation (either public or private), the state of Utah and its
1068 agencies or political subdivisions, the United States Of America and its agencies and
1069 instrumentalities, and any agent, servant, office, or employee of any of the foregoing.
1070 PLANNING DIRECTOR: The planning director of Salt Lake City.
1071 QUARRY: An open excavation for the extraction of resources.
1072 REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
1073 division of occupational and professional licensing of the state of Utah.
1074 REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
1075 vegetation to the ground, trunks, or stumps.
1076 SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
1077 SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
1078 performed as a single unified operation.
1079 SITE DEVELOPMENT (Also Known As SITE PREPARATION): Grading and underground
1080 utility installation in preparation for an approved, pending development or use for the subject
1081 site.
1082 SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
1083 professional engineer or land surveyor based upon a contour map of the specified scale and
1084 contour interval, upon which the measured and calculated percent of slope (measured between
1085 every contour interval on the map) is classified or grouped into percentage of slope data in ten
1086 percent (10%) slope groupings as follows:
1087
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9%Uncolored
Slight 10 - 19.9%Yellow
Moderate 20 - 29.9%Orange
Severe 30% and greater Red
1088
1089 SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
1090 mechanics and foundation engineering, familiar with the application of principles of soil
1091 mechanics in the investigation and analysis of the engineering properties of earth materials.
1092 SURCHARGE: The temporary placement of fill material on a site in order to compress or
1093 compact the natural soil mass.
31
LEGISLATIVE DRAFT
1094 TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
1095 professional engineers registered with the division of occupational and professional licensing of
1096 the state of Utah.
1097 VACANT: Land on which there are no structures or only structures which are secondary to the
1098 use or maintenance of the land itself.
1099
1100 18.28.030: RESERVED:
1101
1102 18.28.040: LAND DEVELOPMENT REQUIREMENTS (BUILDING SITES):
1103 A. General Application: No person or party shall cause any excavation or grading to
1104 be done on a building sitein excess of the limits set forth below without first having obtained a
1105 site development permitapproval in conjunction with the building permit process or a permit
1106 from the building official except as specified below.
1107 1. Work Requiring Separate Approval/Permit: A site development approval
1108 and/or permit shall be required in all cases where development comes under any one or
1109 more of the following provisions:
1110 a. Excavation, fill, or any combination thereof exceeding one
1111 thousand (1,000) cubic yards;
1112 b. Excavation, fill, or any combination thereof exceeding five5 feet
1113 (5') in vertical depth at its deepest point measured from the adjacent, undisturbed,
1114 ground surface;
1115 c. Excavation, fill, or any combination thereof exceeding an area of
1116 aone-half (1/2) acre;
1117 d. Excavation, fill, or any combination thereof ofexceeding seventy
1118 five percent (7510%) or more of a building site including the excavation for
1119 foundations and footings;
1120 e. Removal of vegetation from an area in excess of aone-half (1/2)
1121 acre for purposes other than agricultural;
1122 f. Engineered interior fills or surcharges.
1123 g. Commercial quarries or mining activities operating in permitted
1124 zoning districts as provided in Title 21A.
1125 2. Work Not Requiring Separate Approval/Permit: A separate site
1126 development permit shall not be required in the following cases, for issuance of a
1127 building permit shall specify approval of the required grading plan:
1128 a. Excavation below finished grade for basements and footings of
1129 buildings or other structures authorized by a valid building permit. This shall not
32
LEGISLATIVE DRAFT
1130 exempt any fill made with material from such excavation, or exempt any
1131 excavation having an unsupported height greater than five5 feet (5') after the
1132 completion of such structure.
1133 b. Removal of vegetation as part of work authorized by a valid
1134 building permit.
1135 3. Waiver: The following requirements and standards shall apply to all
1136 building sites unless deemed unwarranted by the written recommendation of the building
1137 official.
1138 B. Permits Required: Except as exempted in sSubsection A of this section, no person
1139 or party shall do or cause any grading to be done on a building site without first obtaining site
1140 development approval, or permit from the building official. A a separate approval or permit shall
1141 be required for each site, and may cover both excavation and fill.
1142 1. Application: To obtain a permit or approval the applicant shall first file an
1143 application therefor in writing on a form furnished by the building department for that
1144 purpose. Every such application shall:
1145 a. Identify and describe the work to be covered by the permit or
1146 approval for which application is made;
1147 b. Describe the land on which the proposed work is to be done by
1148 legal description, street address, or similar description that will readily identify
1149 and definitely locate the proposed work and identify lots of any platted
1150 subdivision included within the proposed building site;
1151 c. Indicate the use or occupancy for which the proposed work is
1152 intended;
1153 d. Be accompanied by plans, diagrams, computations, and
1154 specifications and other data as required;
1155 e. Be signed by property owner or permittee, or his authorized agent,
1156 who may be required to submit evidence to indicate such authority;
1157 f. Show the location of existing and proposed buildings or structures
1158 on the applicant's property, and the location of buildings or structures on adjacent
1159 properties which are within fifteen15 feet (15') of the applicant's property, or
1160 which may be affected by the proposed site development activities;
1161 g. Show the location of property lines and all existing and proposed
1162 streets, roadways, driveways, easements, and rights of way on, contiguous, or
1163 adjacent to the proposed development site;
1164 h. Show the present contours of the site in dashed lines and the
1165 proposed contours in solid lines. Contour intervals shall be not greater than two2
1166 feet (2') where slopes are predominately five percent (5%) or less, and five5 feet
1167 (5') where slopes are predominately steeper than five percent (5%). The source of
1168 all topographical information shall be indicated;
33
LEGISLATIVE DRAFT
1169 i. Show the location of all drainage to, from, and across the site, the
1170 location of intermittent and permanent streams, springs, culverts, and other
1171 drainage structures, and size and location of any precipitation catchment areas in,
1172 above, or within one hundred100 feet (100') of the site;
1173 j. IncludeShow detailed plans and location of all surface and
1174 subsurface drainage devices, walls, dams, sediment basins, storage reservoirs, and
1175 other protective devices to be constructed with, or as a part of, the proposed work,
1176 together with a map showing drainage areas, and the complete drainage network
1177 including outfall lines and natural drainageways which may be affected by the
1178 proposed project. Include the estimated runoff of the areas served by the proposed
1179 drainage system;
1180 k. Present a plan showing temporary erosion control measures to
1181 prevent erosion during the course of construction;
1182 l. All grading in excess of five thousand (5,000) cubic yards shall
1183 require professional engineering and shall be designated as "engineered grading".
1184 Any application including engineered grading shall contain a grading plan
1185 prepared by a registered professional engineer or licensed architect;
1186 m. IncludeShow a revegetation plan including:
1187 (1) A survey of existing trees, shrubs, and ground covers,
1188 (2) A plan for the proposed revegetation of the site detailing
1189 existing vegetation to be preserved, new vegetation to be planned and any
1190 modification to existing vegetation, and
1191 (3) A plan for the preservation of existing vegetation during
1192 construction activity;
1193 n. Make a statement of the estimated starting and completion dates
1194 for the grading work proposed and any revegetation work that may be required;
1195 o. Identify the type of surcharging fill material to be used on the
1196 building site;
1197 p. Estimate the amount of time surcharging fill material will be in
1198 place, and show consideration by a soils engineer of the potential for vertical and
1199 lateral soil movements on properties adjacent to the surcharge;
1200 q. Submit a copy of the recorded subdivision plat showing
1201 developable area limitations, if applicable;
1202 r. Describe the method to be employed in disposing of soil and other
1203 material that is removed from the site, including the location of the disposal site;
1204 s. Describe the method to be used in obtaining fill to be used on the
1205 site and the site of acquisition of such fill;
34
LEGISLATIVE DRAFT
1206 t. Include an engineering geology report described in Section
1207 18.28.040.C.2 if the proposed development lies within 500 feet of an identified
1208 fault. Said report may be submitted for review to the Utah geological survey by
1209 the building official.
1210 u. Applications related to commercial quarriers shall contain an
1211 acceptable plan for the eventual rehabilitation and use of the quarry site after the
1212 resources have been removed. Such a plan, at a scale of not less than one inch
1213 equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
1214 with its surroundings and in general agreement with the city’s master plan. The
1215 plan shall show the proposed treatment of any stream channel adjacent to the
1216 resource deposits during extraction operations. Limits of excavation shall be
1217 determined to protect any natural or improved channel and any nearby wooded
1218 areas considered vital to the function of the rehabilitated area. Included the
1219 estimated time period during which quarrying and land rehabilitation operations
1220 will be conducted.
1221 v. Such other information as may be required by the building official
1222 or city engineer such as slope classification map and analysis, profiles or cross
1223 sections, additional drainage calculations, soils data including a report from a
1224 registered soils engineer or other qualified person.
1225 C. Soil Engineering Report Oor Engineering Geology Required:
1226 1. Soil Engineering Report: The soil engineering report required shall
1227 include data regarding the nature, distribution, and strength of existing soils, conclusions
1228 and recommendations for grading procedures, design criteria for corrective measures
1229 when necessary, and opinions and recommendations addressing the adequacy of the site
1230 under the proposed grading plan to support the proposed development.
1231 2. Engineering Geology Report: The engineering geology report required
1232 shall include an adequate description of the geology of the site, conclusions and
1233 recommendations regarding the effect of geologic conditions on the proposed
1234 development, and opinions and recommendations addressing the adequacy of the site
1235 under the proposed grading plan to support the proposed development. This requirement
1236 may be waived by written recommendation of the building official if it is deemed
1237 unwarranted.
1238 D. Issuance: The application, plans, specifications, and other data submitted by an
1239 applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
1240 other departments or agencies to verify compliance with any applicable laws under their
1241 jurisdiction. If the building official finds that the work described in an application for a permit
1242 and the plans, specifications, and other data filed therewith conform to the requirements of this
1243 title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
1244 issue a permit therefor to the property owner or his authorized agent. When the building official
1245 issues the permit where plans are required, he shall endorse in writing or stamp the plans and
1246 specifications "APPROVED". Such approved plans and specifications shall not be changed,
1247 modified, or altered without authorization from the building official, and all work shall be done
1248 in accordance with the approved plans. The building official may require that the site
35
LEGISLATIVE DRAFT
1249 development activities and project designs or specifications be modified if delays occur which
1250 may create weather generated problems not considered at the time the permit was issued. No site
1251 alteration shall occur during the months of November through March and no applications
1252 proposing such work during that time shall be approved.
1253 E. Fees: City fees associated with reviewing and processing site development (a.k.a.
1254 "preparation") permits shall be those listed on the Salt Lake City consolidated fee schedule.
1255 F. Grading Aand Erosion Control Standards Aand Regulations: All site development
1256 work shall be accomplished in conformance to the following grading and erosion control design
1257 standards and regulations:
1258 1. Hours Oof Operation: All grading operations in or within 660 feet
1259 ofcontiguous to residential land usesneighborhoods shall be carried on between the hours
1260 of seven o'clock (7:00) A.M. and five thirty o'clock (5:30) P.M. The building official may
1261 waive this requirement if it is shown that by restricting the hours of operation it would
1262 unduly interfere with the development of the property and it is shown that the
1263 neighboring properties would not be adversely affected.
1264 2. Dust Aand Dirt Control: All graded surfaces of any nature shall be
1265 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1266 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1267 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1268 3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
1269 undevelopable, (2) slope that has been altered without permits or prior approval to 30%
1270 or greater, or (3) natural slopes identified on a slope classification map of thirty percent
1271 (30%) or greater (as measured pursuant to a “ten-foot averaging” method as defined in
1272 Section 20.50.020), shall be designated undevelopable area. In no event shall streets
1273 traverse such slopes.
1274 4. Finished Cuts Aand Slopes: Limitations shall be applied to the extent of
1275 cut and fill slopes to minimize the amount of excavated surface or ground area exposed to
1276 potential erosion and settlement.
1277 a. The exposed or finished cuts or slopes of any fill or excavation
1278 shall be smoothly graded.
1279 b. All cut and fill slopes shall be recontoured and revegetated by the
1280 permittee in accordance with an approved plan.
1281 c. Cut or fill slopes shall normally be limited to fifteen15 feet (15') in
1282 vertical height. However, upon review and favorable recommendation of the city
1283 engineer and public utilities director the building official may approve cut and fill
1284 slopes exceeding fifteen15 feet (15') provided that such variations be allowed on a
1285 limited basis after thorough review of each request and only when balanced by
1286 offsetting improvements to the overall aesthetic, environmental, and engineering
1287 quality of the development.
36
LEGISLATIVE DRAFT
1288 d. No excavation creating a cut face and no fill creating an exposed
1289 surface shall have a slope ratio exceeding one and one- half horizontal to one
1290 vertical (11/2:1).
1291 e. Exceptions:
1292 (1) No slopes shall cut steeper than the bedding plane, fracture,
1293 fault, or joint in any formation where the cut slope will lie on the dip of
1294 the strike line of the bedding plane, fracture, fault, or joint.
1295 (2) No slopes shall be cut in an existing landslide, mudflow, or
1296 other form of naturally unstable slope except as recommended by a
1297 qualified geological engineer.
1298 (3) Where the formation is exposed above the top of the cut
1299 which will permit the entry of water along bedding planes, this area shall
1300 be sealed with a compacted soil blanket having a minimum thickness of
1301 two2 feet (2'). The soil for this blanket shall be relatively impervious and
1302 shall be approved by the soils engineer or engineering geologist.
1303 f. If the material of a slope is of such composition and character as to
1304 be unstable under the anticipated maximum moisture content, the slope angle
1305 shall be reduced to a stable value or retained by a method approved by the city
1306 engineer and certified as to its stability by a soils engineer or geologist. Said
1307 retaining method shall include design provisions which are:
1308 (1) Conducive to revegetation for soil stability and visual
1309 impact;
1310 (2) Used for selected areas of the site and not as a general
1311 application; and
1312 (3) Limited to tiers each of which is no higher than six6 feet
1313 (6'), separated by plantable terraces a minimum of two2 feet (2') in width;
1314 g. Any retaining system shall remain and be maintained on the lots
1315 until plans for construction are approved and a building permit is issued. The
1316 plans shall include provisions to integrate driveway access to the lot while
1317 maintaining the structural integrity of the retaining system.
1318 h. The building officialcity engineer may require the slope of a cut or
1319 fill to be made more level if at any time it is found that the material being, or the
1320 fill, is unusually subject to erosion, static or dynamic instability, or if other
1321 conditions make such requirements necessary for stability.
1322 i. Driveways leaving public rights of way shall not exceed a
1323 maximum change in grade angle of six percent (6%) transition over an eleven11
1324 foot (11') run. The slope should be transitioned beyond property line no more than
1325 an average sixteen percent (16%) grade. Parking structures may allow a maximum
1326 change in grade angle of ten percent (10%) with a minimum ten10 foot (10') run.
37
LEGISLATIVE DRAFT
1327 Maximum sight distance should be encouraged with blind entrances or other sight
1328 obstructions complying with the Sight Distance Triangle Requirements as defined
1329 and illustrated in Chapter 21A.62transportation division's standard E2.c1 "clear
1330 site zone area" or its successor.
1331 5. Abatement Oof Hazardous Conditions:
1332 a. If, at any stage of grading, the building official or city engineer
1333 determines by inspection that the nature of the formation is such that further work
1334 as authorized by an existing permit is likely to imperil any property, public way,
1335 watercourse, or drainage structure, the building official or city engineer shall
1336 require, as condition to allowing the work to proceed, that reasonable safety
1337 precautions be taken as are considered advisable to avoid likelihood of such peril.
1338 Such precautions may include, but shall not be limited to, any of the following:
1339 (1) Specification of a more level exposed slope;
1340 (2) Construction of additional drainage facilities, berms, or
1341 terraces;
1342 (3) Compaction or cribbing;
1343 (4) Installation of plants for erosion control; and/or
1344 (5) Reports from a registered soils engineer and/or engineering
1345 geologist whose recommendations may be made requirements for further
1346 work.
1347 Such requirements by the building officialplanning director or city engineer shall
1348 constitute a required change order in the work to be performed under permit. Said
1349 changes may be required to be reflected in amended plans.
1350 b. Where it appears that damage from storm drainage may result from
1351 work performed hereunder, such work may be stopped and the permittee required
1352 to take such measures as may be necessary to protect adjoining property or the
1353 public safety. On large operations, or where unusual site conditions exist, the
1354 building official or city engineer may specify the time at which grading may
1355 proceed and the time of completion or may require that the operation be
1356 conducted in specific stages so as to ensure completion of protective measures or
1357 devices prior to the advent of seasonal rains.
1358 6. Fill Material Aand Compaction:
1359 a. Fill Material: All fill shall be earth, rock, or inert material free
1360 from organic material and free of metal, except that topsoil spread on cut and fill
1361 surfaces may incorporate humus for desirable moisture retention properties. Fill
1362 not meeting the definition above shall be placed only in an approved public or
1363 private landfill or other approved deposit site.
38
LEGISLATIVE DRAFT
1364 b. Backfillings: Any pipe trench or trenching, or excavation made in
1365 any slope of any excavated or filled site, shall be backfilled and compacted to the
1366 level of the surrounding grade.
1367 c. Compaction Oof Fills: Unless otherwise directed by the building
1368 official, all fills governed by this title, intended to support building, structures, or
1369 where otherwise required to be compacted for stability, shall be compacted,
1370 inspected, and tested in accordance with the following provisions:
1371 (1) The natural ground surface shall be prepared by removal of
1372 topsoil and vegetation, and, if necessary, shall be graded to a series of
1373 terraces. If fill material unacceptable under subsection F6a of this section
1374 is placed on the site, or the fill is not placed according to procedures of
1375 this title, then it must be removed.
1376 (2) The fill shall be spread and compacted in accordance with
1377 the city engineer's approved standards.
1378 (3) The moisture content of the fill material shall be controlled
1379 at the time of spreading and compaction to obtain required maximum
1380 density.
1381 (4) A written report of the completed compaction, showing
1382 location and depth of test holes, materials used, moisture conditions,
1383 recommended soil bearing pressures, and relative density obtained from
1384 all tests, prepared by a civil engineer or soils engineer licensed by the state
1385 of Utah, or testing laboratory shall be submitted to the building official,
1386 who shall rely on the expertise of the city engineer for review.
1387 (5) The building official or city engineer may require
1388 additional tests or information if, in his opinion, the conditions or
1389 materials are such that additional information is necessary, and may
1390 modify or delete any of the above listed requirements that, in his opinion,
1391 are unnecessary to further the purpose of this title.
1392 7. Surcharging: Surcharges shall consist of earth material and shall be
1393 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1394 properties.
1395 G. Erosion Control Aand Revegetation: All cut and fill surfaces created by grading
1396 shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
1397 stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
1398 are required to be landscaped according to a revegetation plan approved by the city. All plant
1399 selections must be approved by the parks department and building official prior to approval.
1400 H. Drainage:
1401 1. Adequate provisions shall be made to prevent any surface waters from
1402 damaging the cut face of an excavation or any portion of a fill. All drainage ways and
1403 structures shall carry surface waters, without producing erosion, to the nearest practical
39
LEGISLATIVE DRAFT
1404 street, storm drain, or natural watercourse as approved by the city engineer. The city
1405 engineer may also require drainage structures to be constructed, or installed as necessary
1406 to prevent erosion damage or to prevent saturation of the fill or material behind cut
1407 slopes.
1408 2. An excess stormwater passage shall be provided for all stormwater storage
1409 areas. Such passage shall have capacity to convey through the proposed development the
1410 excess stormwater from the tributary watershed. The capacity of such excess stormwater
1411 passages shall be constructed in such a manner as to transport the peak rate of runoff
1412 from a 100-year return frequency storm assuming all storm sewers are inoperative, all
1413 upstream areas are fully developed in accordance with the city's current land use plan,
1414 and that antecedent rainfall has saturated the tributary watershed.
1415 3. No buildings or structures shall be constructed within such passage,
1416 however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
1417 easements, and other open space uses shall be considered compatible uses. In the event
1418 such passageway is reshaped or its capacity to transport excess stormwater is otherwise
1419 restricted during or after construction, the building official or city engineer shall notify
1420 the agency, party, or parties causing said restriction to remove the same and set a
1421 reasonable time for its removal. If said parties refuse to, or are unable to, comply with
1422 said order, the building official or city engineer shall cause said restrictions to be
1423 removed at the expense of said parties. Where a proposed development contains existing
1424 natural drainage, appropriate planning measures shall be undertaken or required to
1425 preserve and maintain said natural drainage as part of the excess stormwater passage.
1426 4. Notwithstanding any other provisions of this title, whenever, in the
1427 judgment of the building official or city engineer, a condition occurs in a stormwater
1428 storage area or passageway that creates a dangerous and imminent health and safety
1429 hazard, the building official or city engineer shall order such action as shall be effective
1430 immediately or in the time manner prescribed in the order itself.
1431 I. Setbacks: The setback and other restrictions specified in this section are minimum
1432 and may be increased by the building official or by the recommendation of a civil engineer, soils
1433 engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
1434 adjacent properties from deposition or erosion, or to provide access for slope maintenance and
1435 drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
1436 the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
1437 reduce the required setbacks when approved by the building official.
1438 1. Setbacks Ffrom Property Lines: The toes and tops of cut and fill slopes
1439 where no structures are located shall be set back from the outer boundaries of a "permit
1440 area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
1441 right areas, and easements, in accordance with the table and figure 2 of this section.
1442 SETBACKS FROM PERMIT AREA BOUNDARY
1443
a =Setback distance at toe
40
LEGISLATIVE DRAFT
b =Setback at top
H =Height from toe to top of cut/fill slope
1445
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
1446
1447 Note:
1448 1. Additional width may be required for interceptor drain.
1449 FIGURE 2
1450
1451 2. Setback Ffrom Structures: Setback from cut or fill slopes and structures
1452 shall be provided in accordance with figure 3 of this section.
1453 FIGURE 3
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LEGISLATIVE DRAFT
1454
1455 3. Setbacks Ffrom Faults: No structure shall be located over a fault. Determinations
1456 of the appropriate setback distance from the fault shall be made based on recommendations
1457 contained in the geological report required by subsection C of this section.
1458 J. Site Development Inspections:
1459 1. Special Inspections: All site development activities for which a permit or
1460 approval is required shall be subject to inspection by the building official. Special
1461 inspections of grading operations and special testing shall be performed to ensure
1462 conformity with approved plans and specifications. The following special inspections and
1463 testing are required:
1464 a. Fills:
1465 (1) The site is to be inspected prior to placement of fill
1466 material.
1467 (2) The fill material is to be inspected prior to placement on the
1468 site.
1469 (3) Final compaction of fill is to be tested.
1470 (4) The final grade is to be inspected.
1471 (5) Revegetation will be inspected during planting, upon
1472 planting completion, and again prior to bond release where applicable.
1473 b. Cuts:
1474 (1) The site is to be inspected prior to cutting or removing
1475 material.
1476 (2) The grade is to be inspected after cutting.
1477 (3) Revegetation will be inspected during planting, upon
1478 planting completion, and again prior to bond release where applicable.
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LEGISLATIVE DRAFT
1479 2. Inspection Schedule Aand Enforcement: At the time the site development
1480 permit or approval is issued, the building official shall establish the stage of development
1481 at which required inspections shall be made. In order to obtain inspections, the permittee
1482 shall notify the city of readiness at least twenty four (24) hours before said inspection is
1483 to be made. Where it is found by inspection that conditions are not substantially as stated
1484 or shown on the approved plans, the building official or his inspectors shall may stop
1485 further work until approval is obtained for amended plans.
1486 K. Completion Oof Work:
1487 1. Final Reports: Upon completion of the rough grading work and again at
1488 the final completion of the work, reports, drawings, and supplements thereto will be
1489 required as follows:
1490 a. An "as graded" grading plan, prepared by a civil engineer,
1491 including original ground surface elevations, lot drainage patterns, and locations
1492 and elevations of all surface and subsurface drainage facilities. The engineer shall
1493 verify that the work was done in accordance with the final approved site
1494 development plan.
1495 b. A soil grading report, prepared by a soils engineer, including
1496 location and elevations of field density tests, summaries of field and laboratory
1497 tests and other substantiating data, and comments on any changes made during
1498 grading and their effect on the recommendations made in the soil engineering
1499 investigation report. The soils engineer shall verify the adequacy of the site for the
1500 intended use.
1501 c. A geologic grading report, prepared by an engineering geologist,
1502 including a final description of the geology of the site including any new
1503 information disclosed during the grading and the effect of the same on
1504 recommendations incorporated in the approved site development plan. The
1505 engineering geologist shall verify the adequacy of the site for the intended use as
1506 affected by geologic factors. This requirement may be modified or waived in
1507 writing by the building official if circumstances warrant.
1508 2. Notification Oof Completion: The permittee, or his authorized agent, shall
1509 notify the building official when the grading operation is ready for final inspection. Final
1510 approval shall not be given until all work, including installation of all drainage facilities
1511 and their protective devices and all erosion control measures including revegetation, have
1512 been completed in accordance with the final approved site development plan and the
1513 required reports have been submitted.
1514
1515 18.28.050: RESERVEDINDEPENDENT SITE DEVELOPMENT ACTIVITIES:
1516 A. General Application: No person shall commence, perform, or cause any grading
1517 to be done in excess of the limits specified below without first obtaining a site development
1518 permit. A separate independent site development permit not otherwise required under section
43
LEGISLATIVE DRAFT
1519 10.28.040 of this chapter shall be required for each site on which grading is to be done as
1520 specified in subsection A1 of this section.
1521 1. General: A site development permit shall be required in all cases where
1522 development comes under any one or more of the following provisions:
1523 a. Excavation, fill, or any combination thereof exceeding one thousand
1524 (1,000) cubic yards;
1525 b. Excavation, fill, or any combination thereof exceeding five feet (5') in
1526 vertical depth at its deepest point measured from the adjacent, undisturbed, ground
1527 surface;
1528 c. Excavation, fill, or any combination thereof exceeding an area of one-half
1529 (1/2) acre;
1530 d. Excavation, fill, or any combination thereof exceeding seventy five
1531 percent (75%) of a building site including the excavation for foundations and footings;
1532 e. Removal of vegetation from an area in excess of one-half (1/2) acre for
1533 purposes other than agricultural;
1534 f. Engineered interior fills or surcharges;
1535 g. Fuel break for fire protection purposes;
1536 h. Commercial quarries or mining activities operating in appropriate
1537 industrial zone as provided in the Salt Lake City zoning ordinance;
1538 2. Waiver: All of the following requirements and standards shall apply unless
1539 deemed unwarranted by the building official and waived in writing.
1540 B. Permit Application: Each application for an independent site development permit
1541 shall be made by the owner of the property, or the owner's authorized agent, to the building
1542 official on a form furnished for that purpose. The application shall include:
1543 1. Required Information: Three (3) copies of plot plans of the property,
1544 drawn to scale, which:
1545 a. Identify and describe the work to be covered by the permit for which
1546 application is made;
1547 b. Describe the land on which the proposed work is to be done by legal
1548 description, street address, or similar description that will readily identify and definitely
1549 locate the proposed work and identify lots of any platted subdivision included within the
1550 proposed building site;
1551 c. Indicate the use or occupancy for which the proposed work is intended;
1552 d. Be accompanied by plans, diagrams, computations, and specifications and
1553 other data as required;
44
LEGISLATIVE DRAFT
1554 e. Be signed by property owner or permittee, or his authorized agent, who
1555 may be required to submit evidence to indicate such authority;
1556 f. Location of existing and proposed buildings or structures on the
1557 applicant's property, and the location of buildings or structures on adjacent properties
1558 which are within fifteen feet (15') of the applicant's property, or which may be affected
1559 by the proposed site development activities;
1560 g. Location of property lines and all existing and proposed streets, roadways,
1561 driveways, easements, and rights of way on, contiguous, or adjacent to the proposed
1562 development site;
1563 h. The present contours of the site in dashed lines and the proposed contours
1564 in solid lines. Contour intervals shall be not greater than two feet (2') where slopes are
1565 predominately five percent (5%) or less, and five feet (5') where slopes are predominately
1566 steeper than five percent (5%). The source of all topographical information shall be
1567 indicated;
1568 i. The location of all drainage to, from, and across the site, the location of
1569 intermittent and permanent streams, springs, culverts, and other drainage structures, and
1570 size and location of any precipitation catchment areas in, above, or within one hundred
1571 feet (100') of the site;
1572 j. Detailed plans and location of all surface and subsurface drainage devices,
1573 walls, dams, sediment basins, storage reservoirs, and other protective devices to be
1574 constructed with, or as a part of, the proposed work, together with a map showing
1575 drainage areas, and the complete drainage network including outfall lines and natural
1576 drainageways which may be affected by the proposed project. Include the estimated
1577 runoff of the areas served by the proposed drainage system;
1578 k. Plan showing temporary erosion control measures to prevent erosion
1579 during the course of construction;
1580 l. All grading in excess of five thousand (5,000) cubic yards shall require
1581 professional engineering and shall be designated as "engineered grading". Any
1582 application including engineered grading shall contain a grading plan prepared by a
1583 registered professional engineer or licensed architect;
1584 m. A revegetation plan including:
1585 (1) A survey of existing trees, shrubs, and ground covers,
1586 (2) A plan for the proposed revegetation of the site detailing existing
1587 vegetation to be preserved, new vegetation to be planned and any modification to
1588 existing vegetation, and
1589 (3) A plan for the preservation of existing vegetation during
1590 construction activity;
1591 n. Statement of the estimated starting and completion dates for the grading
1592 work proposed and any revegetation work that may be required;
45
LEGISLATIVE DRAFT
1593 o. Identify the type of surcharging fill material to be used on the building
1594 site;
1595 p. Estimate the amount of time surcharging fill material will be in place, and
1596 show consideration by a soils engineer of the potential for vertical and lateral soil
1597 movements on properties adjacent to the surcharge;
1598 q. A description of the method to be employed in disposing of soil and other
1599 material that is removed from the site, including the location of the disposal site;
1600 r. A description of the method to be used in obtaining fill to be used on the
1601 site and the site of acquisition of such fill;
1602 s. If the proposed development lies within five hundred feet (500') of an
1603 identified fault, a geological report and verification as per subsection 18.28.040C2 of this
1604 chapter will be required. Said report may be submitted for review to the Utah geological
1605 survey by the building official;
1606 t. If applicable, submit a copy of the recorded subdivision plat showing
1607 developable area limitations;
1608 u. Application for commercial quarries shall contain an acceptable plan for
1609 the eventual rehabilitation and use of the quarry site after the resources have been
1610 removed. Such a plan, at a scale of not less than one inch equals one hundred feet (1" =
1611 100') with contour intervals not greater than five feet (5'), shall be compatible with its
1612 surroundings and in general agreement with the city's master plan. The plan shall show
1613 the proposed treatment of any stream channel adjacent to the resource deposits during
1614 extraction operations. Limits of excavation shall be determined to protect any natural or
1615 improved channel and any nearby wooded areas considered vital to the function of the
1616 rehabilitated area. Include the estimated time period during which quarrying and land
1617 rehabilitation operations will be conducted.
1618 2. Additional Information Which May Be Required: The following
1619 information shall be provided in triplicate if requested by the building official or city
1620 engineer:
1621 a. Slope classification map and analysis;
1622 b. Profiles or cross sections;
1623 c. Additional drainage calculations;
1624 d. Soils data including a report from a registered soils engineer,
1625 engineering geologist, or other qualified person;
1626 e. Statement of the estimated starting and completion dates for the
1627 grading work proposed and any revegetation work that may be required.
1628 f. Detailed revegetation plans for the site and, if appropriate,
1629 information relating to the landscaping on adjacent or surrounding areas affected
1630 by the proposed development. Such revegetation plans shall be prepared by a
46
LEGISLATIVE DRAFT
1631 licensed engineer, architect, landscape architect, or other qualified person. These
1632 plans shall show:
1633 (1) Distribution of plants, existing trees, and work involved as
1634 related to slope control and/or physical environment;
1635 (2) A plan describing the methods of planting the areas to be
1636 landscaped with special emphasis on soil preparation, plant selection,
1637 methods of planting, and initial maintenance of plants and slopes until a
1638 specified percentage of plant coverage is uniformly established on cut and
1639 fill slopes;
1640 (3) Such other and further details as may be specified by the
1641 building official or city engineer to carry out the purpose of this title. All
1642 such plans shall bear the name of the person responsible for the
1643 preparation of the plan;
1644 (4) The revegetation plan will be submitted by the building
1645 official to the Salt Lake City parks department's landscape architect for
1646 review.
1647 g. Such other information as shall be required by the building official
1648 or city engineer.
1649 3. Fee: Each site development application made independent and separate from a
1650 building permit application shall be accompanied by payment of an application fee
1651 pursuant to the Salt Lake City consolidated fee schedule.
1652 C. Granting Permit: To further the specific purposes of this title as set forth in
1653 subsection 18.28.010C of this chapter, the following procedures are established:
1654 1. Referrals: The application shall be referred by the building official to the
1655 city engineer and planning director for review. Further, applications may also be referred
1656 to the Utah geological survey and other appropriate advisors for comments and
1657 recommendations as deemed necessary or appropriate.
1658 2. Conformity To Plans: The building official shall be responsible to arrange
1659 for required inspections by appropriate inspectors who shall either approve that portion of
1660 the work completed or shall notify the permittee wherein the same fails to comply with
1661 this title. Where it is found by inspection that conditions are not substantially as stated or
1662 shown in the site development permit applications, the inspector shall stop further work
1663 until the work conforms to the approved plan or approval is obtained for revised plans.
1664 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1665 the building official determines by inspection that the work is creating hazardous
1666 conditions, he may suspend the work until provisions for abatement and/or correction are
1667 completed as set forth in subsection E of this section.
1668 D. Inspections:
47
LEGISLATIVE DRAFT
1669 1. Inspection Schedule: At the time a site development permit is issued, the
1670 building official shall establish the stages of development at which inspections required
1671 by subsection 18.28.040J of this chapter shall be made. In order to obtain inspections, the
1672 permittee shall notify the city of readiness at least twenty four (24) hours before said
1673 inspection is to be made.
1674 2. Conformity To Plans: The building official shall be responsible to arrange
1675 for required inspections by appropriate inspectors who shall either approve that portion of
1676 the work completed or shall notify the permittee wherein the same fails to comply with
1677 this title. Where it is found by inspection that conditions are not substantially as stated or
1678 shown in the site development permit applications, the inspector shall stop further work
1679 until the work conforms to the approved plan or approval is obtained for revised plans.
1680 3. Abatement Of Hazardous Conditions: If, at any stage of site development,
1681 the building official determines by inspection that the work is creating hazardous
1682 conditions, he may suspend the work until provisions for abatement and/or correction are
1683 completed as set forth in subsection E of this section.
1684 E. Grading And Erosion Control Design Standards And Regulations: All site
1685 development work shall be accomplished in conformance to the following provisions:
1686 1. Hours Of Operation: All grading operations in or contiguous to residential
1687 neighborhoods shall be carried on between the hours of seven o'clock (7:00) A.M. and
1688 five thirty o'clock (5:30) P.M. The city engineer may waive this requirement if it is
1689 shown that by restricting the hours of operation it would unduly interfere with the
1690 development of the property and it is shown that the neighboring properties would not be
1691 adversely affected.
1692 2. Dust And Dirt Control: All graded surfaces of any nature shall be
1693 dampened or suitably contained to prevent dust or spillage on city streets or adjacent
1694 properties. Equipment, materials, and roadways on the site shall be used or treated so as
1695 to cause the least possible annoyance due to dirt, mud, or dust conditions.
1696 3. Undevelopable Slopes: Any natural slopes identified on a slope
1697 classification map of thirty percent (30%) or greater, shall be designated undevelopable
1698 area. Said slope, if retained within the subdivision, may be designated and maintained as
1699 common area. In no event shall streets traverse such slopes.
1700 4. Finished Cuts And Slopes: Limitations shall be applied to the extent of cut
1701 and fill slopes to minimize the amount of excavated surface or ground area exposed to
1702 potential erosion and settlement.
1703 a. The exposed or finished cuts or slopes of any fill or excavation
1704 shall be smoothly graded.
1705 b. All cut and fill slopes shall be recontoured and revegetated by the
1706 subdivider in accordance with an approved plan.
1707 c. Cut or fill slopes shall normally be limited to fifteen feet (15') in
1708 vertical height. However, upon review and favorable recommendation of the city
48
LEGISLATIVE DRAFT
1709 engineer and public utilities director the building official may approve cut and fill
1710 slopes exceeding fifteen feet (15') provided that such variations be allowed on a
1711 limited basis after thorough review of each request and only when balanced by
1712 offsetting improvements to the overall aesthetic, environmental, and engineering
1713 quality of the development.
1714 d. No excavation creating a cut face and no fill creating an exposed
1715 surface shall have a slope ratio exceeding one and one- half horizontal to one
1716 vertical (11/2:1).
1717 e. Exceptions:
1718 (1) No slopes shall cut steeper than the bedding plane, fracture,
1719 fault, or joint in any formation where the cut slope will lie on the dip of
1720 the strike line of the bedding plane, fracture, fault, or joint.
1721 (2) No slopes shall be cut in an existing landslide, mudflow, or
1722 other form of naturally unstable slope except as recommended by a
1723 qualified geological engineer.
1724 (3) Where the formation is exposed above the top of the cut
1725 which will permit the entry of water along bedding planes, this area shall
1726 be sealed with a compacted soil blanket having a minimum thickness of
1727 two feet (2'). The soil for this blanket shall be relatively impervious and
1728 shall be approved by the soils engineer or engineering geologist.
1729 f. If the material of a slope is of such composition and character as to
1730 be unstable under the anticipated maximum moisture content, the slope angle
1731 shall be reduced to a stable value or retained by a method approved by the city
1732 engineer and certified as to its stability by a soils engineer or geologist. Said
1733 retaining method shall include design provisions which are:
1734 (1) Conducive to revegetation for soil stability and visual
1735 impact;
1736 (2) Used for selected areas of the site and not as a general
1737 application; and
1738 (3) Limited to tiers each of which is no higher than six feet (6'),
1739 separated by plantable terraces a minimum of two feet (2') in width;
1740 g. Any retaining system shall remain and be maintained on the lots
1741 until plans for construction are approved and a building permit is issued. The
1742 plans shall include provisions to integrate driveway access to the lot while
1743 maintaining the structural integrity of the retaining system.
1744 h. The building official may require the slope of a cut or fill to be
1745 made more level if at any time it is found that the material being, or the fill, is
1746 unusually subject to erosion, static or dynamic instability, or if other conditions
1747 make such requirements necessary for stability.
49
LEGISLATIVE DRAFT
1748 5. Abatement Of Hazardous Conditions:
1749 a. If, at any stage of grading, the planning director or city engineer
1750 determines by inspection that the nature of the formation is such that further work
1751 as authorized by an existing permit is likely to imperil any property, public way,
1752 watercourse, or drainage structure, the planning director or city engineer shall
1753 require, as condition to allowing the work to proceed, that reasonable safety
1754 precautions be taken as are considered advisable to avoid likelihood of such peril.
1755 Such precautions may include, but shall not be limited to, any of the following:
1756 (1) Specification of a more level exposed slope;
1757 (2) Construction of additional drainage facilities, berms, or
1758 terraces;
1759 (3) Compaction or cribbing;
1760 (4) Installation of plants for erosion control; and/or
1761 (5) Reports from a registered soils engineer and/or engineering
1762 geologist whose recommendations may be made requirements for further
1763 work.
1764 Such requirements by the planning director or city engineer shall constitute a
1765 required change order in the work to be performed under permit. Said changes
1766 may be required to be reflected in amended plans.
1767 b. Where it appears that damage from storm drainage may result from
1768 work performed hereunder, such work may be stopped and the permittee required
1769 to take such measures as may be necessary to protect adjoining property or the
1770 public safety. On large operations, or where unusual site conditions exist, the
1771 planning director or city engineer may specify the time at which grading may
1772 proceed and the time of completion or may require that the operation be
1773 conducted in specific stages so as to ensure completion of protective measures or
1774 devices prior to the advent of seasonal rains.
1775 6. Fill Material And Compaction:
1776 a. Fill Material: All fill shall be earth, rock, or inert material free
1777 from organic material and free of metal, except that topsoil spread on cut and fill
1778 surfaces may incorporate humus for desirable moisture retention properties. Fill
1779 not meeting the definition above shall be placed only on approved public or
1780 private landfills or other approved deposit sites.
1781 b. Backfillings: Any pipe trench or trenching, or excavation made in
1782 any slope of any excavated or filled site, shall be backfilled and compacted to the
1783 level of the surrounding grade.
1784 c. Compaction Of Fills: Unless otherwise directed by the building
1785 official or city engineer, all fills governed by this title, intended to support
1786 building structures, or where otherwise required to be compacted for stability,
50
LEGISLATIVE DRAFT
1787 shall be compacted, inspected, and tested in accordance with the following
1788 provisions:
1789 (1) The natural ground surface shall be prepared by removal of
1790 topsoil and vegetation, and if necessary shall be graded to a series of
1791 terraces. If fill material unacceptable under subsection E6a of this section
1792 is placed on the site, or the fill is not placed according to procedures of
1793 this title, then it must be removed.
1794 (2) The fill shall be spread and compacted in accordance with
1795 the city engineer's approved standards.
1796 (3) The moisture content of the fill material shall be controlled
1797 at the time of spreading and compaction to obtain required maximum
1798 density.
1799 (4) A written report of the completed compaction, showing
1800 location and depth of test holes, materials used, moisture conditions,
1801 recommended soil bearing pressures, and relative density obtained from
1802 all tests, prepared by a civil engineer or soils engineer licensed by the state
1803 of Utah, or testing laboratory shall be submitted to the building official,
1804 who will submit it to the city engineer for review.
1805 (5) The building official or city engineer may require
1806 additional tests or information if, in his opinion, the conditions or
1807 materials are such that additional information is necessary, and may
1808 modify or delete any of the above listed requirements that, in his opinion,
1809 are unnecessary to further the purpose of this title.
1810 7. Erosion Control And Revegetation: All cut and fill surfaces created by
1811 grading shall be planted with a ground cover that is a drought resistant variety. Topsoils
1812 are to be stockpiled during rough grading and used on cut and fill slopes. Cuts and fills
1813 along public roads are required to be landscaped according to a revegetation plan
1814 approved by the city. All plant selections must be approved by the parks department and
1815 building official prior to subdivision approval.
1816 8. Drainage:
1817 a. Adequate provisions shall be made to prevent any surface waters
1818 from damaging the cut face of an excavation or any portion of a fill. All drainage
1819 ways and structures shall carry surface waters, without producing erosion, to the
1820 nearest practical street, storm drain, or natural watercourse as approved by the city
1821 engineer. The city engineer may also require drainage structures to be
1822 constructed, or installed as necessary to prevent erosion damage or to prevent
1823 saturation of the fill or material behind cut slopes.
1824 b. An excess stormwater passage shall be provided for all stormwater
1825 storage areas. Such passage shall have capacity to convey through the proposed
1826 development the excess stormwater from the tributary watershed. The capacity of
1827 such excess stormwater passages shall be constructed in such a manner as to
51
LEGISLATIVE DRAFT
1828 transport the peak rate of runoff from a 100-year return frequency storm assuming
1829 all storm sewers are inoperative, all upstream areas are fully developed in
1830 accordance with the city's current land use plan, and that antecedent rainfall has
1831 saturated the tributary watershed.
1832 c. No buildings or structures shall be constructed within such
1833 passage, however, streets, parking lots, playgrounds, park areas, pedestrian
1834 walkways, utility easements, and other open space uses shall be considered
1835 compatible uses. In the event such passageway is reshaped or its capacity to
1836 transport excess stormwater is otherwise restricted during or after construction,
1837 the city engineer shall notify the agency, party, or parties causing said restriction
1838 to remove the same and set a reasonable time for its removal. If said parties refuse
1839 to, or are unable to, comply with said order, the city engineer shall cause said
1840 restrictions to be removed at the expense of said parties. Where a proposed
1841 development contains existing natural drainage, appropriate planning measures
1842 shall be undertaken or required to preserve and maintain said natural drainage as
1843 part of the excess stormwater passage.
1844 d. Notwithstanding any other provisions of this title, whenever, in the
1845 judgment of the city engineer, a condition occurs in a stormwater storage area or
1846 passageway that creates a dangerous and imminent health and safety hazard, the
1847 city engineer shall order such action as shall be effective immediately or in the
1848 time manner prescribed in the order itself.
1849 9. Surcharging: Surcharges shall consist of earth material and shall be
1850 applied in such a manner as to have no effect on soil stability on adjacent or neighboring
1851 properties.
1852 10. No Structure Shall Be Located Over A Fault: Determinations of the
1853 appropriate setback distance from the fault shall be made based on recommendations
1854 contained in the geological report as per subsection 18.28.040C2 of this chapter.
1855
1856 18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
1857 DENIAL, AND ENFORCEMENT ACTIONS:
1858 A. Interpretation; Conflicts:
1859 1. Minimum Requirements: In their interpretation and application, provisions
1860 of this chapter shall be held to be minimum requirements, except where expressly stated
1861 to be maximum requirements. No intent is made to impair, or interfere with, any private
1862 restrictions placed upon any property by covenant or deed; provided, however, that where
1863 this chapter imposes higher standards or greater restrictions the provisions of this chapter
1864 shall govern.
1865 2. Application Oof Most Restrictive Standard: Whenever any provision of
1866 this chapter or any other provision of law, whether set forth in this chapter or in any other
1867 law, ordinance, or resolution of any kind, imposes overlapping or contradictory
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1868 regulations over the development of land, the most restrictive standards or requirements
1869 shall govern.
1870 B. Retention Oof Plans: Plans, specifications, and reports for all site development
1871 submitted to Salt Lake City for approval shall be retained by Salt Lake City.
1872 C. Expiration, Renewals, Aand Extensions Oof Permit: Every site development
1873 permit or approval shall expire by limitation and become null and void if the work authorized by
1874 such permit or approvals has not been commenced within one hundred eighty (180) days, or if
1875 the work is suspended or abandoned for a period of one hundred eighty (180) days at any time
1876 after the work is commenced. Before such work can recommence, the permit shall first be
1877 renewed by the building official and the renewal fee shall be one-half (1/2) the amount required
1878 for a new permit for such work, provided no changes have been made or will be made in the
1879 original plans or scope of such work, otherwise a full fee may be required as determined by the
1880 building official. Any modifications to the original approved work that is related to a
1881 development for which the Salt Lake City planning commission granted approval, may require
1882 subsequent review and decision by the planning commission as determined by the planning
1883 director.
1884 D. Appeals:
1885 1. Filing: Any applicant aggrieved by a determination of any administrative official
1886 in relation to this chapter may appeal such determination to the appeals hearing officerboard of
1887 appeals and examiners pursuant to Chapter 18.12section 21A.16.030 of this code.
1888 2. Effect Oof Administrative Appeal: In the event of an appeal pursuant to the
1889 provisions above, the effect of such filing shall act to stay any and all further action and work
1890 pending the determination of the matter on appeal.
1891 E. General Grounds Ffor Denial: Factors, in addition to deviation from provisions of
1892 this chapter, which may be grounds for denial of a site development permit or approval shall
1893 include, but not be limited to:
1894 1. Possible or potential saturation of fill and/or unsupported cuts by water
1895 (both natural and/or domestic);
1896 2. Runoff surface waters that produce unreasonable erosion and/or silting of
1897 drainageways;
1898 3. Subsurface conditions (such as rock strata and faults, soil or rock
1899 materials, types of formations, etc.) which when disturbed by the proposed site
1900 development activity, may create earth movement and/or produce slopes that cannot be
1901 landscaped;
1902 4. Result in excessive and unnecessary scarring of the natural landscape
1903 through grading or removal of vegetation.
1904 F. Prohibited Activities:
1905 1. Removal Oof Topsoil: It shall be unlawful to remove topsoil for purposes
1906 of resale when unrelated to a bona fide purpose of site development contemplated under
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1907 this chapter. The provisions of this chapter shall not be construed as permitting the
1908 removal of topsoil solely for resale.
1909 2. Nuisance: It shall be unlawful to create or maintain a condition which
1910 creates a public or private nuisance. After notice by the city, owners shall be strictly
1911 responsible to take any necessary action to correct or abate such nuisance. Further, this
1912 chapter shall not be construed to authorize any person or owner to create or maintain a
1913 private or public nuisance upon real property and compliance with the provisions of this
1914 chapter shall not be a defense in any action to abate such nuisance.
1915 G. Permit Oor Approval Revocation: In the event the building official or city
1916 engineer requests that a site development permit or approval be permanently suspended or
1917 revokesd a site development permit any aggrieved party may appeal such decision pursuant to
1918 Chapter 18.12., they shall formally request a revocation hearing before the planning commission
1919 in compliance with the following procedures:
1920 1. Request: The request shall specify the grounds for complaint or details of
1921 deviation with terms and conditions of the approval that justify the proposed permit or
1922 approval revocation or suspension.
1923 2. Public Hearing: The planning commission shall hold a formal hearing to
1924 consider requests and recommendations for permanent revocation or suspension of
1925 permits at the next regularly scheduled meeting of the planning commission, at which
1926 service of the required notice can be satisfied.
1927 3. Notice: The planning commission shall cause notice of the time and place
1928 of the scheduled hearing to be prepared. Such notice shall be delivered by certified mail
1929 or personal service upon the permittee at least five (5) days prior to the date set for the
1930 hearing. At any such hearing, the permittee shall be given an opportunity to be heard and
1931 may call witnesses and present evidence. Upon conclusion of such hearing, the planning
1932 commission shall determine whether or not the permit shall be suspended or revoked, and
1933 any necessary or appropriate conditions which must be satisfied prior to the renewal or
1934 extension of said permit, including any necessary corrective measures to be completed as
1935 provided in subsection G4a of this section.
1936 4. Planning Commission Determination: Upon the conclusion of the required
1937 hearing and its deliberations thereon, should the planning commission find that the
1938 permittee, or authorized agent(s), have violated the terms of the permit or provisions of
1939 this chapter, have conducted or desire to carry out such site development activity in such
1940 a manner which unreasonably adversely affects the health, welfare, or safety of persons
1941 residing or working in the vicinity of the site, or have caused the same to be done, the
1942 planning commission may, as it deems appropriate:
1943 a. Require necessary corrective measures to be undertaken and
1944 completed at permittee's expense;
1945 b. Require reimbursement to the city for unusual costs incurred by the
1946 necessitation of enforcement action including costs of inspections, mailings,
1947 expert technical assistance, etc.;
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1948 c. Continue suspension of all work contemplated or associated with
1949 the permit permanently until corrective requirements and/or original conditions
1950 are satisfied;
1951 d. If circumstances of work conducted have resulted in factors which
1952 would have been grounds for denial of the permit, the planning commission may
1953 order such necessary actions as required to restore the site, insofar as possible, to
1954 the preexisting conditions, and revoke the site development permit. If so evoked,
1955 and where appropriate, the planning commission may preclude acceptance of any
1956 site development application for the same site for a period not to exceed twelve
1957 (12) months.
1958 5. Appeal: The decision of the planning commission on a request for
1959 permanent suspension or revocation of a site development permit or approval under this
1960 chapter may be appealed by the permittee, building official, or city engineer to the
1961 appeals hearing officer pursuant to section 21A.16.030 of this code.
1962 H. Property Owner Responsibility: Property owners are responsible to maintain their
1963 property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
1964 chapter and other applicable ordinances. Failure of city officials to observe or to recognize
1965 hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
1966 not relieve the permittee, or property owner, from responsibility for the condition or damages
1967 resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
1968 responsible or liable for conditions and damages resulting therefrom.
1969 I. Obstruction Prohibited: It shall be unlawful for any person to willfully or
1970 carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
1971 slump, slough, or erode off private property onto the public right of way.
1972 J. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
1973 injure any public right of way by causing or permitting flow or seepage of water, or by willfully
1974 or carelessly causing or permitting water under his/her control, possession, or supervision to
1975 escape in any manner so as to injure any street or public improvement.
1976 K. Violation And Penalties:
1977 1. Violation Of Chapter: It shall be unlawful for any person to construct,
1978 enlarge, alter, repair, or maintain any grading, excavation or fill or cause the same to be
1979 done, contrary to or in violation of any provision of this chapter.
1980 2. Obstruction Prohibited: It shall be unlawful for any person to wilfully or
1981 carelessly obstruct or injure any public right of way by causing or permitting earth or
1982 rock to slump, slough, or erode off private property onto the public right of way.
1983 3. Flooding: It shall be unlawful for any person to wilfully or carelessly
1984 obstruct or injure any public right of way by causing or permitting flow or seepage of
1985 water, or by wilfully or carelessly causing or permitting water under his/her control,
1986 possession, or supervision to escape in any manner so as to injure any street or public
1987 improvement.
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1988 4. Misdemeanor Penalty: Any person violating any of the provisions of this
1989 chapter shall be deemed guilty of a misdemeanor and each such person shall be deemed
1990 guilty of a separate offense for each and every day or portion thereof during which any
1991 violation of any of the provisions of this chapter is committed, continued, permitted, or
1992 maintained. Upon conviction of any such violation, such person may be imprisoned for a
1993 period not exceeding six (6) months or be fined in the amount not exceeding two hundred
1994 ninety nine dollars ($299.00) if the person is an individual, or the greater amount of two
1995 thousand dollars ($2,000.00) in the event the person is a corporation, association, or
1996 partnership, or both so imprisoned or fined.
1997 J. Severability:
1998 1. Severability: If any section, subsection, sentence, clause, or phrase of this
1999 chapter is for any reason held to be invalid or unconstitutional by the decision of any
2000 court of competent jurisdiction, such decision shall not affect the validity of the
2001 remaining portions of this chapter. The city council hereby declares that it would have
2002 passed this chapter and each section, subsection, sentence, clause, and phrase thereof,
2003 irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or
2004 phrases hereof may be declared invalid or unconstitutional.
2005 2. Limitation To Applied Facts: If the application of any provision or
2006 provisions of this chapter to any person, property, or circumstance is found to be
2007 unconstitutional, invalid, or ineffective, in whole or in part, by any court of competent
2008 jurisdiction, or other competent agency, the effect of such provision shall be limited to
2009 the person, property, or circumstance immediately involved in the controversy and the
2010 application of such provision to other persons, properties, or circumstances shall be
2011 unaffected unless the court specifically rules otherwise.
2012
2013 18.28.070: RESERVED:
2014
2015 SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
2016 18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
2017 hereby repealed in its entirety as follows:
2018 CHAPTER 18.32
2019 BUILDING REGULATIONS
2020 18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
2021 The edition of the uniform building code, as adopted by the Utah uniform building code
2022 commission as the construction standard to be adhered to by subdivisions of the state (section
2023 58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
2024 with the following chapters of the appendix to the uniform building code:
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2025 Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
2026 Chapter 11 Division I - Site Accessibility;
2027 Chapter 11 Division II - Accessibility For Existing Buildings;
2028 Chapter 15 Reroofing;
2029 Chapter 16 Division I - Snow Load Design;
2030 Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
2031 Chapter 31 Division II - Membrane Structure;
2032 Chapter 33 Excavation And Grading.
2033 ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
2034 successor document.
2035 Hereafter, all references in this code to the uniform building code shall mean the said edition
2036 adopted by the Utah uniform building code commission. One copy of the uniform building code
2037 shall be filed for use and examination by the public in the office of the city recorder.
2038
2039 18.32.035: FEES:
2040 A. Building permit fees shall be based on the total valuation of the proposed project
2041 as shown on the Salt Lake City consolidated fee schedule.
2042 B. Plan review fees shall be sixty five percent (65%) of the building permit fees.
2043 C. Fees to expedite building plan review as governed by section 18.20.050 of this
2044 title shall be two (2) times the standard building plan review fee.
2045 D. Penalties for not obtaining permanent certificate of occupancy will be three
2046 hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
2047 occupancy, which has no additional cost associated with it; due before the first of the month and
2048 only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
2049 months will not be refunded.
2050 E. Fees for renewing expired plan review after one hundred eighty (180) days as
2051 governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
2052 schedule.
2053 F. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
2054 each permit for fencing.
2055 G. Other fees shall consist of electrical, mechanical and plumbing, and fire
2056 suppression and monitoring equipment inspection fees as shown on the Salt Lake City
2057 consolidated fee schedule.
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2058 18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
2059 BUILDING CONVERSION:
2060 Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
2061 chapter 3 division V to create a group R division 5 occupancy classification and requirements
2062 applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
2063 undergo conversion, which shall read as follows:
2064 Chapter 3 Division V
2065 Requirements For Group R Division 5 Occupancies
2066 Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
2067 nonconforming group R divisions 1 and 3 structures undergoing conversion.
2068 Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
2069 plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
2070 separate ownership of dwelling units combined with collective ownership of common areas
2071 through association, etc., each nonconforming group R division 1 or division 3 structure being
2072 converted into a condominium project or other type of ownership arrangement involving separate
2073 ownership of individual units combined with joint or collective ownership of common areas shall
2074 constitute a change in classification of occupancy to that of a group R division 5 and shall
2075 comply with basic requirements of this code and the specific requirements listed below. All work
2076 on such structures in the form of additions, alterations, or repairs shall conform to applicable
2077 standards as required by section 3403 of this code. Where said provisions require conformity to
2078 requirements governing new buildings, the applicable requirements of group R division 1 or 3
2079 new construction shall apply.
2080 Special Provisions And Minimum Standards.
2081 Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
2082 a property report prepared by a licensed engineer or architect which discloses and describes:
2083 (1) The age of the building or buildings,
2084 (2) The general condition, useful life, and capacity of the building's structural elements
2085 including the roof, foundations, mechanical system, electrical system, plumbing
2086 system, boiler, and other structural elements;
2087 (3) All known conditions constituting deficiencies requiring repair to meet existing
2088 building codes; and
2089 (4) All known conditions which may require repair or replacement within the next
2090 succeeding five year period.
2091 (5) The existing conditions meet the standards of the Salt Lake City existing residential
2092 housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
2093 18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
2094 18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
2095 the city code, shall note all deficiencies; appeals of noted deficiencies may be
2096 addressed to the housing advisory and appeals board.
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2097 Said report shall certify the structure currently conforms to applicable codes or the owner shall
2098 present plans to bring the structures into conformity with applicable building codes prior to
2099 issuance of certificates of occupancy.
2100 Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
2101 electrical service which provides:
2102 (1) A minimum service of 60 amps.
2103 (2) Receptacle outlets are required to meet standards of the national electrical code,
2104 section 210-21(b). Each habitable room shall have no less than two such receptacles.
2105 (3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
2106 on a separate circuit.
2107 (4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
2108 each must be located on a separate circuit. If such appliances or optional capacity are
2109 not provided, the limitation must be disclosed to buyers and in the property report.
2110 (5) All bathrooms are to be equipped with GFIC outlet.
2111 (6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
2112 (7) Installation of a smoke detector conforming to manufacturer's recommendations shall
2113 be installed in each dwelling unit as a local detection unit. If the building has a
2114 common exit hall or corridor then a general automatic detection system shall be
2115 installed with the capability of sending a signal to a remote station.
2116 (8) Installation of at least one wall switch controlled lighting outlet in every habitable
2117 room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
2118 All electrical work and repair must be completed under permit and comply with applicable codes
2119 and ordinances.
2120 Sec. 348. Plumbing And Water Systems.
2121 (a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
2122 licensed general contractor shall calculate and determine the capacity of the current
2123 plumbing system, including the existing and potential load in fixture units (as
2124 determined by the uniform plumbing code) as part of the property report required
2125 above. All new installations or repairs must be completed under permit and shall
2126 conform to applicable plumbing codes. The entire system shall be brought up to
2127 applicable standards of this code when required by section 3403. The impact of new
2128 installations upon the existing system shall be calculated and stated in the property
2129 report.
2130 (b) Water Supply. Water piping shall be so arranged that the water supply can be turned
2131 on or off to any individual fixture; provided, however, that supply piping to a single
2132 unit and building accessory thereto may be controlled by one valve.
2133 Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
59
LEGISLATIVE DRAFT
2134 (1) Equip each unit with its own heating system, except where a central water or steam
2135 system is present.
2136 (2) Provide each unit with its own means of controlling temperature when the building
2137 utilizes a central heating plant. All mechanical work and repair shall be completed
2138 under permit and comply with applicable codes.
2139 Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
2140 standards are intended to be fully complied with prior to the building official's approval of
2141 permits, record of survey maps, plans or certificates. However, the building official may waive
2142 literal compliance with said standards for minor deviations and non-dangerous conditions, if the
2143 official determines that strict compliance with the requirements of this chapter would be
2144 impractical due to the unique condition of the property, or result in an unnecessary and extreme
2145 hardship for the owner of the property. The building official may in such cases impose additional
2146 reasonable and equivalent conditions upon the project.
2147 Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
2148 the city ordinance.
2149
2150 18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
2151 Section 109.1 of the uniform building code is amended to read as follows:
2152 Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
2153 occupancy shall be used or occupied, and no change in the existing occupancy classification of a
2154 building or structure or portion thereof shall be made until the building official has issued a
2155 certificate of occupancy therefor as provided herein.
2156
2157 18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
2158 Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
2159 successor, is amended by adding definitions of condominiums and conversions which shall read
2160 as follows:
2161 Condominium, Condominium Project, Condominium Unit. For purposes of this code,
2162 "condominium," "condominium project," and "condominium units" or "units" means property or
2163 portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
2164 Annotated, 1953, as amended.
2165 Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
2166 parcels of land, together with existing attached structures, from single ownership of said parcel
2167 such as an apartment house or multi-family dwelling into a condominium project or other
2168 ownership arrangements involving separate ownership of individual units combined with joint or
2169 collective ownership of common areas, facilities, or elements.
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2170 18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
2171 The uniform building code is amended by adding a new appendix chapter 35, which reads as
2172 follows:
2173 Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
2174 mean those lands lying within the corporate limits of Salt Lake City as defined in section
2175 18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
2176 boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
2177 Lake City code. A copy of said map and amendments is on file for public examination in the
2178 offices of the city recorder and city engineer.
2179 Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
2180 substantial improvements to, or construction of building or structures within the floodplain
2181 hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
2182 relating to floodplain hazard regulations.
2183
2184 18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
2185 GRADING:
2186 Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
2187 amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
2188 reference, so appendix chapter 33 shall read as follows:
2189 Appendix Chapter 33
2190 Excavation And Grading
2191 Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
2192 within the text of chapter 18.28 of the Salt Lake City code relating to site development
2193 regulations, drawing particular reference to provisions within chapters 4 and 5 of said
2194 development regulations.
2195
2196 18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
2197 Qualified multi-family apartment projects may apply to, and receive from, the building official
2198 an abatement of the normal building permit fees. In order for the building official to approve the
2199 discount, the applicant must submit necessary documentation in order for the building official to
2200 certify that the apartment project qualifies under the following criteria:
2201 A. The project is owned and/or operated as a bona fide organization for providing
2202 housing for senior citizens;
2203 B. The project operators and/or property owners stipulate that all units shall be
2204 rented by persons over age sixty two (62) years of age;
2205 C. Operators and/or property owners agree to verify ages of tenants as part of their
2206 annual application for an apartment house license;
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2207 A. Project operators and property owners execute an agreement, binding upon
2208 successors in interest and secured by the real property, to reimburse the city the amount of the
2209 abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
2210 rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
2211 next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
2212 license application is submitted to the city; and
2213 B. The amount of the fees abated, plus interest at the then established rate applicable
2214 to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
2215 application to convert the project to condominium or other ownership arrangements involving
2216 sale of separate units, if submitted within thirty (30) years of such abatement.
2217
2218 18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
2219 Section 103 of the uniform building code is amended to read as follows:
2220 It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
2221 move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
2222 structure in the city, or cause the same to be done contrary to or in violation of any of the
2223 provisions of this code.
2224 Any person, firm, or corporation violating any of the provisions of this code shall be deemed
2225 guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
2226 each and every day or portion thereof during which any violation of any of the provisions of this
2227 code is committed, continued, or permitted and upon conviction of any such violation such
2228 persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
2229 Lake City code.
2230
2231 SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
2232 18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
2233 hereby repealed in its entirety as follows:
2234 CHAPTER 18.36
2235 ELECTRICAL REGULATIONS
2236
2237 18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
2238 The edition of the national electrical code, as adopted by the Utah uniform building code
2239 commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
2240 subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
2241 copy of which code shall be filed for use and examination by the public in the office of the city
62
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2242 recorder. Hereafter, all references in this code to the national electrical code shall mean the
2243 edition of the national electrical code adopted by the Utah uniform building code commission.
2244
2245 18.36.100: PERMIT FEES; RESIDENTIAL WORK:
2246 The following fees for a permit for the installation of electrical materials in residences, including
2247 multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
2248 fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
2249 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
2250 consolidated fee schedule.
2251
2252 18.36.110: FEE FOR TEMPORARY METERING:
2253 The fee for permit for temporary metering and service facilities shall be as shown on the Salt
2254 Lake City consolidated fee schedule.
2255
2256 18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
2257 The fees to be paid to the city treasurer for electrical permits covering work in industrial or
2258 commercial properties shall be computed as follows:
2259 A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
2260 consolidated fee schedule.
2261 B.New Service Or Change Of Service: For new service, change of service,
2262 alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
2263 fee shall be as shown on the Salt Lake City consolidated fee schedule.
2264 C. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
2265 supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
2266 D. Transformers: The installation of transformers shall be subject to inspection fee
2267 when such transformers are an integral part of the consumer's distribution system. Such fee shall
2268 be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
2269 consolidated fee schedule.
2270 E. Motor Generator: The fee for installation of a motor generator for emergency or
2271 standby shall be as shown on the Salt Lake City consolidated fee schedule.
2272 F. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
2273 set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
2274 started. When a fee cannot be computed on the standard schedules, it shall be computed based on
2275 the alternate schedule shown on the Salt Lake City consolidated fee schedule.
63
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2276 18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
2277 DOLLARS:
2278 When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
2279 permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
2280
2281 18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
2282 All new construction shall require a power to panel permit in accordance with section 18.36.180
2283 of this chapter, or its successor section, to be issued in conjunction with the required electrical
2284 permit.
2285
2286 18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
2287 A. Temporary Basis: A power to panel permit shall authorize power for construction
2288 purposes on a temporary basis only; permanent power must be authorized separately.
2289 B. Permit: At the time power to panel is required to complete construction, the owner
2290 or contractor shall apply for and obtain a separate power to panel construction permit. Said
2291 permit shall be valid for a sixty (60) day period.
2292 C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
2293 approval of building and housing services and upon payment of one-half (1/2) of the original
2294 permit fee for each extension.
2295 D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
2296 withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
2297 certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
2298 or until occupancy ceases.
2299 E. Expiration: Upon expiration of a power to panel construction permit, all power to
2300 the electrical panel shall be discontinued.
2301 F. Fees:
2302
60 day, no issue fee $20.00
30 day extension 7.00
2303
2304 18.36.210: VIOLATION; PENALTY:
2305 Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
2306 or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
2307 the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
2308 shall be deemed to be committed on each day an offense occurs or continues.
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LEGISLATIVE DRAFT
2309 SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
2310 18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
2311 hereby amended as follows:
2312 CHAPTER 18.48
2313 DANGEROUS BUILDINGS
2314 ARTICLE I. REPAIR, ORAND VACATION, OR BOARDING OF DANGEROUS
2315 BUILDINGS
2316
2317 18.48.010: TITLE:
2318 This chapter and the provisions included herein constitute Salt Lake City's Dangerous Building
2319 Code, and will be referred to hereinafter as "the Dangerous Building Code" or "this Code." This
2320 Code chapter shall implementis modeled after the Uniform Code for the Abatement of
2321 Dangerous Buildings, 1997 Edition, and has only been adopted as stated herein.
2322
2323 18.48.020: PURPOSE AND SCOPE:
2324 It is the purpose of this chapterthe Dangerous Building Code to provide just, equitable, and
2325 practicable methods to require the repair (including temporary boarding) and, vacation, or
2326 temporary boarding of buildings or structures that endanger the life, limb, health, morals,
2327 property, safety, or welfare of the general public or their occupants. The provisions of this
2328 Dangerous Building Code are cumulative and in addition to any other remedy provided by law.
2329
2330 18.48.030: DEFINITIONS:
2331 BUILDING CODE: The International Building Code, or its successor, promulgated by the
2332 International Code Council, as adopted by the state.
2333 BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
2334 are secured by a secondary means against entry. Examples of securing a building by a secondary
2335 means includes, but is not limited to, boarding and fencing.
2336 DANGEROUS BUILDINGS: For the purpose of this Dangerous Building Code, aAny building
2337 or structure that has any or all of the conditions or defects hereinafter described may be deemed
2338 to be a dangerous building, provided that such conditions or defects exist to the extent that the
2339 life, health, property, or safety of the public or its occupants are endangered.
2340 A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
2341 width or size or is not so arranged as to provide safe and adequate means of exit in case
2342 of fire or panic.
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LEGISLATIVE DRAFT
2343 B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
2344 is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
2345 means of exit in case of fire or panic.
2346 C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
2347 loads, is more than one and one half 1.5 times the working stress or stresses allowed in
2348 the Building Code for new buildings of similar structure, purpose or location.
2349 D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
2350 any other cause, to such an extent that the structural strength or stability thereof is
2351 materially less than it was before such catastrophe and is less than the minimum
2352 requirements of the Building Code for new buildings of similar structure, purpose, or
2353 location.
2354 E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
2355 detached or dislodged, or to collapse and thereby injure persons or damage property.
2356 F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
2357 the exterior thereof is not of sufficient strength or stability, or is not so anchored,
2358 attached, or fastened in place so as to be capable of resisting a wind pressure of one half
2359 of that specified in the Building Code for new buildings of similar structure, purpose or
2360 location without exceeding the working stresses permitted in the Building Code for such
2361 buildings.
2362 G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
2363 to such an extent that walls or other structural portions have materially less resistance to
2364 winds or earthquakes than is required in the case of similar new construction.
2365 H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
2366 deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
2367 of any portion of the ground necessary for the purpose of supporting such building; (iv)
2368 the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
2369 to partially or completely collapse.
2370 I. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
2371 unsafe for the purpose for which it is being used.
2372 J. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
2373 such an extent that a plumb line passing through the center of gravity does not fall inside
2374 the middle one third of the base.
2375 K. Whenever the building or structure, exclusive of the foundation, shows thirty three
2376 percent (33%) or more damage or deterioration of its supporting member or members, or
2377 fifty percent (50%) damage or deterioration of its non-supporting members, enclosing or
2378 outside walls or coverings.
2379 L. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
2380 flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
2381 children or as to enable persons to resort thereto for the purpose of committing unlawful
2382 acts.
66
LEGISLATIVE DRAFT
2383 M. Whenever any building or structure has been constructed, exists, or is maintained in
2384 violation of any specific requirement or prohibition applicable to such building or
2385 structure provided by the building regulations of this jurisdiction, as specified in the
2386 Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
2387 relating to the condition, location, or structure of buildings.
2388 N. Whenever any building or structure which, whether or not erected in accordance with all
2389 applicable laws and ordinances, has in any non-supporting part, member or portion less
2390 than fifty percent (50%), or in any supporting part, member or portion less than sixty six
2391 percent (66%) of the (i) strength, (ii) fire-resisting qualities or characteristics, or (iii)
2392 weather-resisting qualities or characteristics required by law in the case of a newly
2393 constructed building of like area, height and occupancy in the same location.
2394 O. Whenever a building or structure, used or intended to be used for dwelling purposes,
2395 because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
2396 arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
2397 the health officer to be unsanitary, unfit for human habitation, or in such a condition that
2398 is likely to cause sickness or disease.
2399 P. Whenever any building or structure, because of obsolescence, dilapidated condition,
2400 deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
2401 faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
2402 by the fire marshal to be a fire hazard.
2403 Q. Whenever any building or structure is in such a condition as to constitute a public
2404 nuisance known to the common law or in equity jurisprudence.
2405 R. Whenever any portion of a building or structure remains on a site after the demolition or
2406 destruction of the building or structure or whenever any building or structure is
2407 abandoned for a period in excess of six months so as to constitute such building or
2408 portion thereof an attractive nuisance or hazard to the public.
2409 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
2410 division authorized to perform the repair, vacation, or boarding of a building under this chapter.
2411 HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
2412 in Chapter 18.50 of the City Code.
2413 VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
2414 and doors, secured against entry, where windows are fully glazed and the doors are secured by
2415 means of a lock.
2416
2417 18.48.040: AUTHORITY TO ENFORCE:
2418 A. Authority Tto Enforce: The building official or designee is hereby authorized to
2419 enforce the provisions of this chapterDangerous Building Code. The building official shall have
2420 the power to render interpretations of this Dangerous Building Code and to adopt and enforce
2421 rules and supplemental regulations to clarify the application of its provisions. Such
67
LEGISLATIVE DRAFT
2422 interpretations, rules, and regulations shall be in conformity with the intent and purpose of this
2423 Dangerous Building Code.
2424 B. Authority Tto Inspect: The building official or their designee is hereby authorized
2425 to make inspections and take such actions as may be required to enforce the provisions of this
2426 chapterDangerous Building Code.
2427 C. Buildings Oor Structures Subject Tto Inspection: Any building or structure, where
2428 there is reasonable cause to believe a condition exists that renders the building or structure
2429 endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
2430 structure’s occupants in violation of the provisions of this code, is subject to inspection by the
2431 building official or their designee in the manner provided by this Dangerous Building Code.
2432 D. Inspection When Permit Required: All construction or work for which a permit is
2433 required is subject to inspection by the building official or their designee in accordance with and
2434 in the manner provided by this Dangerous Building Code.
2435 E. Inspections: The building official or their designee may enter a building or
2436 structure at reasonable times to inspect or to perform the duties imposed by this
2437 chapterDangerous Building Code.
2438 1. If the building or structure is occupied, the building official or designee
2439 shall present credentials to the occupant and request entry.
2440 2. If the building or structure is unoccupied, the building official or their
2441 designee shall make reasonable efforts to locate the owner or other persons having charge
2442 or control of the building or premises and request entry.
2443 3. If entry is refused, the building official or their designee shall have
2444 recourse to the remedies provided by law to secure entry.
2445
2446 18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
2447 A. Initiation Of Action: When the building official has inspected or caused to be
2448 inspected any building and has found and determined that such building is a dangerous building,
2449 the building official shall follow the enforcement procedures set forth in the 1997 Uniform Code
2450 for the Abatement of Dangerous Buildingscommence proceedings to cause the repair , vacation,
2451 or boarding of the building.
2452 B. Form Of Notice And Order: The building official shall issue a written notice and
2453 order directed to the record owner of the building.
2454 1. The notice and order shall:
2455 a. Identify the property owner of record according to the records of
2456 the Salt Lake County Recorder;
2457 b. Describe the property and contain a statement that the building
2458 official has found the building to be dangerous with a brief and concise
68
LEGISLATIVE DRAFT
2459 description of the conditions found to render the building dangerous under the
2460 provisions of this code; and
2461 c. Require the property owner to take action as determined by the
2462 building official.
2463 (1) If the building official has determined that the building or
2464 structure must be repaired or boarded, the order shall require that all
2465 required permits be secured and the work physically commenced within
2466 such time as the building official shall determine is reasonable under all of
2467 the circumstances, which time shall not be less than ten (10) days from the
2468 date after the day the notice is delivered in person or postmarked.
2469 (2) If the building official has determined that the building or
2470 structure must be vacated, the order shall require that the building or
2471 structure shall be vacated within a time certain from the date of the order
2472 as determined by the building official to be reasonable, which time shall
2473 not be less than ten (10) days from the date after the day the notice is
2474 delivered in person or postmarked.
2475 d. A statement that, if any required repair work not also requiring the
2476 vacation of property is not commenced within the time specified in Subsection
2477 18.48.050.B.1.c.(1), the building official will order the building vacated and
2478 posted to prevent further occupancy until the work is completed and may proceed
2479 to cause the work to be done and recover the costs as set forth in Section
2480 18.48.100.
2481 e. A statement that (i) any person having any record title or legal interest in the
2482 building may appeal from the notice and order of the building official , except for an objection
2483 from an itemized statement of costs, to the Housing Advisory and Appeals Board as established
2484 in this chapter, provided the appeal is made in writing as provided in this code and filed with the
2485 building official within thirty (30) days from the date of service of such notice and order; and (ii)
2486 failure to appeal will constitute a waiver of all right to an administrative hearing and
2487 determination of the matter.
2488 C. Service: The written notice and order, and any amended or supplemental notice
2489 and order, shall be served on the property owner of record according to the records of the county
2490 recorder. Service shall be made in person or by certified or commercial courier service. The
2491 failure of any such person to receive such notice shall not affect the validity of any proceedings
2492 taken under this section. Service by certified mail in the manner herein provided shall be
2493 effective on the date the notice and order are postmarked.
2494 D. Proof Of Service: Proof of service of the notice and order shall be certified at the
2495 time of service by a written declaration under penalty of perjury executed by the persons
2496 effecting service, declaring the time, date, and manner in which service was made. The
2497 declaration, together with any receipt card returned in acknowledgment of receipt by certified
2498 mail or commercial courier service shall be affixed to the copy of the notice and order retained
2499 by the building official.
69
LEGISLATIVE DRAFT
2500 E. Recording Of Certificate: If compliance is not had with the order within the time
2501 specified therein, and no appeal has been properly and timely filed, the building official shall file
2502 in the office of the county recorder a certificate describing the property and certifying (i) that the
2503 building is a dangerous building and (ii) that the owner has been so notified. If the actions
2504 ordered are completed after filing of this certificate or the building is demolished so that it no
2505 longer exists as a dangerous building on the property, the building official shall file a new
2506 certificate with the county recorder certifying that the building has been demolished or all
2507 required corrections have been made so that the building is no longer dangerous, whichever is
2508 appropriate.
2509
2510 18.48.060: NOTICE TO VACATE: RESERVED
2511 A. Form Of Notice: Every notice to vacate shall, in addition to being served as
2512 provided in Section 18.48.050, be posted on the exterior of the building and shall be in
2513 substantially the following form:
2514 DO NOT ENTER
2515 UNSAFE TO OCCUPY
2516 It is a misdemeanor to occupy this building, or to remove or deface this notice.
2517 Building Official
2518 ……of……
2519 Salt Lake City
2520 B.Compliance With Notice To Vacate: No person shall remain or enter any building
2521 which has been so posted, except that entry may be made to repair or board. No person shall
2522 remove or deface any such notice after it is posted.
2523
2524 18.48.070: RESERVEDEXTENSION OF TIME TO PERFORM WORK:
2525 Upon a timely written request by the owner setting forth the requested reasons for an extension
2526 of time, the building official or designee may grant an extension of time, not to exceed one
2527 hundred twenty (120) days from the deadline set forth in the original notice and order, within
2528 which to complete said repair, vacation, or boarding, if the building official determines that such
2529 an extension of time will not create or perpetuate a situation imminently dangerous to life or
2530 property. The building official's authority to extend time is limited to the physical repair,
2531 vacation, or boarding of the premises and will not in any way affect the time to appeal the notice
2532 and order.
2533
2534 18.48.080: APPEALS:
70
LEGISLATIVE DRAFT
2535 A. Hearing Appeals: Appeals of a notice and order issued pursuant to this chapter
2536 shall be taken in accordance with Chapter 18.12Timely written appeals of notice and orders or
2537 any action of the building official, except for an objection from an itemized statement of costs,
2538 shall be heard and decided by the Housing Advisory and Appeals Board.
2539 B. Form Of Notice: Any person entitled to service under Section 18.48.050 may
2540 appeal from any notice and order or any action of the building official under this code by filing at
2541 the office of the building official a written appeal containing:
2542 1. A heading containing the words: "Before the housing advisory and appeals
2543 board ______";
2544 2. A caption reading: "Appeal of _______," giving the names of all
2545 appellants participating in the appeal;
2546 3. A brief statement setting forth the legal interest of each of the appellants in
2547 the building or the land involved in the notice and order;
2548 4. A brief statement in ordinary and concise language of the specific order or
2549 action protested, together with any material facts claimed to support the contentions of
2550 the appellant;
2551 5. A brief statement in ordinary and concise language of the relief sought and
2552 the reasons why it is claimed the protested order or action should be reversed, modified
2553 or otherwise set aside;
2554 6. The signatures of all parties named as appellants and their official mailing
2555 addresses; and
2556 7. The verification (by declaration under penalty of perjury) of at least one
2557 appellant as to the truth of the matters stated in the appeal.
2558 C. Time To File An Appeal: The appeal must be filed within thirty (30) days from
2559 the date of the issuance of the notice and order described herein, except as provided in
2560 Subsection D.
2561 D. Time To File An Appeal For An Imminently Dangerous Building: If the building
2562 or structure is in such condition as to make it immediately dangerous to the life, limb, property or
2563 safety of the public or adjacent property and is ordered vacated and is posted in accordance with
2564 Section 18.48.060, such appeal shall be filed as soon as reasonably practical from the date of the
2565 issuance of the notice and order of the building official.
2566 E. Transmittal Of Appeal: Upon receipt of any appeal filed pursuant to this section,
2567 the building official shall transmit the appeal to the members of the Housing Advisory and
2568 Appeals Board for scheduling of a meeting within thirty (30) days of receipt of a timely appeal.
2569 F. Scheduling Hearing: As soon as practicable after receiving the written appeal, the
2570 Housing Advisory and Appeals board shall fix a date, time and place for the hearing of the
2571 appeal by the board. Such date shall not be less than ten (10) days nor more than thirty (30) days
2572 from the date the appeal was filed with the building official, unless extraordinary circumstances
2573 are present. Written notice of the time and place of the hearing shall be given at least ten (10)
71
LEGISLATIVE DRAFT
2574 days prior to the date of the hearing to each appellant by the secretary of the board either by
2575 causing a copy of such notice to be delivered to the appellant personally or by mailing a copy
2576 thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
2577 G. Failure To Timely Appeal: Failure of any person to file a timely appeal in
2578 accordance with the provisions of this code shall constitute a waiver of the right to an
2579 administrative hearing and adjudication of the notice and order or any portion thereof.
2580 H. Issues Considered On Appeal: Only those matters or issues specifically raised by
2581 the appellant shall be considered in the hearing of the appeal.
2582 I. Stays Pending Appeal: Except for vacation or boarding orders made pursuant to
2583 Section 18.48.050, enforcement of any notice and order of the building official issued under this
2584 Dangerous Building Code shall be stayed during the pendency of an appeal therefrom which is
2585 properly and timely filed.
2586 J. Authority To Hear And Evaluate Appeal: The Housing Advisory and Appeals
2587 Board shall have the authority to hear and evaluate evidence related to the building official's
2588 decision and determine whether the decision was arbitrary and capricious or illegal. The Housing
2589 Advisory and Appeals Board has no authority relative to interpretation of the administrative
2590 provisions of this code nor is the board empowered to waive requirements of this code. After the
2591 Housing Advisory and Appeals Board makes a final determination, they shall issue a written
2592 determination.
2593 K. Appeal To Utah District Court: After issuance of a final written determination by
2594 the Housing Advisory and Appeals Board, the decision may be appealed to the Utah District
2595 Court, Third Judicial District within thirty (30) days from the issuance of the decision.
2596
2597 18.48.090: CITY'S ABATEMENT OF PROPERTY:
2598 If the property owner does not comply with the notice and order issued pursuant to this chapter
2599 within the time specified in the notice and order and no appeal has been properly and timely
2600 filed, the building official or designees may cause the building to be repaired, vacated, or
2601 temporarily boarded to the extent necessary to correct the conditions which render the building
2602 dangerous as set forth in the notice and order. Any such repair, vacation, or boarding shall be
2603 completed and the cost thereof paid and recovered as set forth in this chaptercode.
2604
2605 18.48.100: RECOVERY OF COSTS:
2606 A. Permitted Recovery Oof Costs: If the building official or designee causes the
2607 repair, vacation, or boarding of a building pursuant to a notice issued under this chapterSection
2608 18.48.050, and after the property owner received at least 10 days’ notice in which to complete
2609 the repair, vacation or boarding and failed to do so, the division may collect the cost of that
2610 abatement, by filing a property tax lien, as set forth in this section.
2611 B. Itemized Statement Oof Costs: Upon completion of the repair, vacation, or
2612 boarding work, the building official or designee shall prepare an itemized statement of costs and
72
LEGISLATIVE DRAFT
2613 mail it to the property owner by certified mail or reputable mail tracking service that is capable
2614 of confirming delivery, demanding payment within thirty (30) days of the date the statement is
2615 post marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to
2616 cover the city's administrative expenses in contracting for the repair, boarding, or other
2617 abatement costs shall be included in the statement of costs.
2618 C. Form Oof Itemized Statement Oof Costs: The itemized statement of costs shall
2619 include:
2620 1. Include:
2621 a. The address of the property at issue;
2622 2.b. An itemized list of all expenses incurred by the division, including
2623 administrative costs;
2624 3.c. A demand for payment; and
2625 4.d. The address where payment is to be made;
2626 5.2. NotifyNotification t the property owner:
2627 a. That failure to timely pay the expenses described in the itemized statement
2628 may result in a lien on the property in accordance with this chapter and Utah Code
2629 Section 10-11-4 or its successor;
2630 6.b. Notification tThat the property owner may file a written objection to all or
2631 part of the statement within twenty (20) days of the date the statement is postmarked; and
2632 7.c. Where the property owner may file the objection, including the name of
2633 the office and the mailing address.
2634 D. Delivery Oof Statement Oof Costs: The itemized statement of costs described in
2635 Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
2636 service that is capable of confirming delivery addressed to the last known address of the property
2637 owner, according to the records of the county recorder.
2638 E. Objection Tto Statement Oof Costs: A property owner may appeal the statement
2639 of costs to the fines hearing officer, only as to the issue of whether the costs were actually
2640 incurred, pursuant to Section 18.12.050.If the property owner files a timely written objection, the
2641 division will schedule a hearing and will mail or deliver to the property owner prior to the
2642 hearing a notice stating the date, time, and location of the hearing. A fines hearing officer,
2643 appointed pursuant to Section 21A.06.090, shall preside at the hearing and consider the property
2644 owner's objection as set forth in Subsection F.
2645 F. Objection Hearing: At the hearing described in Subsection E, after the property
2646 owner presents the objection to the hearing officer, the fines hearing officer shall review and
2647 determine the cost of abatement incurred by the division in abating the property, including
2648 administrative costs. The property owner must pay any amount the fines hearing officer
2649 determines is due and owing to the Salt Lake City Treasurer at the address provided in the
2650 statement of costs within thirty (30) days of the date of the hearing.
73
LEGISLATIVE DRAFT
2651 F.G. Failure Tto Object Oor Pay: If the property owner fails to make payment of the
2652 amount set forth in the itemized statement within thirty (30) days of the date of the mailing of
2653 that statement, or to file a timely objection, then the division may certify the past due costs and
2654 expenses to the Salt Lake County Treasurer.
2655 G.H. Failure Tto Pay Aafter Objection Hearing: If the property owner files a timely
2656 objection but fails to make payment of any amount ordered by the fines hearing officerfound due
2657 and owing under Subsection F within thirty (30) days of the date of the hearing, the inspector
2658 may certify the past due costs and expense to the Salt Lake County Treasurer.
2659 H.I. Lien Oon Property: After entry by the Salt Lake County Treasurertreasurer of the
2660 county, as set forth in Subsections FG and GH, the amount entered shall have the force and
2661 effect of a valid judgment of the district court, is a lien on the property, and shall be collected by
2662 the Salt Lake County Ttreasurer of the county in which the property is located at the time of the
2663 payment of general taxes.
2664 I.J. Release Oof Lien: Upon payment of the amount set forth in the itemized
2665 statement of costs or otherwise determined due and owing by the fines hearing officer in
2666 Subsections E and F, the judgment is satisfied, the lien is released from the property, and receipt
2667 shall be acknowledged upon the general tax receipt issued by the treasurer.
2668
2669 18.48.110: APPLICABILITY OF BUILDING CODE:
2670 All buildings or structures which are required to be repaired under the provisions of this
2671 chaptercode shall be subject to the provisions of the applicable construction codes adopted
2672 pursuant to Section 18.04.040International Building Code, or its successor section.
2673
2674 18.48.120: PUBLIC NUISANCES:
2675 A. Declaration Aand Abatement Oof Public Nuisances: All buildings or structures or
2676 portions thereof which are determined after inspection by the building official to be dangerous as
2677 defined in this code are hereby declared to be public nuisances and shall be abated by repair,
2678 vacation, or boarding in accordance with the procedures specified herein.
2679 B. Boarded or Vacant Building Aas Public Nuisance: Any structure that is vacant or
2680 which has been boarded for over two (2) years may be declared to be a public nuisance upon a
2681 determination that the structure isas detrimental to the safety orand public welfare of the
2682 residents and property values of this city.
2683
2684 ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
2685
2686 18.48.200: SCOPE AND APPLICABILITY:
74
LEGISLATIVE DRAFT
2687 The provisions of this article apply to any person or entity who is ordered to board a building
2688 under Article I and any person or entity who voluntarily boards a building.
2689
2690 18.48.205: BOARDING PERMITREGISTRATION:
2691 A. PermitRegistration Required: A permit Registration is required to board a
2692 building. In the case where the city causes the boarding work to be done pursuant to Section
2693 18.48.245, the city will register the property on which the building is located and will bill the
2694 record owner the yearly registration fee pursuant to Section 18.48.215is not required to obtain a
2695 boarding permit. In the case where the building official causes temporary boarding work to be
2696 done pursuant to Section 18.48.090 and the building is boarded for more than 45 days, the
2697 provisions of this Article II shall apply.
2698 B. Form Of PermitRegistration Process: Registration of a property on which a
2699 boarded structure shall be located must be donePermits for boarding a building must be applied
2700 for on a form provided by the building official or designee. The form shall specify the following:
2701 1. The address of the structure to be boarded or temporarily secured;
2702 2. The type of building;
2703 3. For residential structures, the number of dwelling units;
2704 4. For nonresidential buildings, the number of square feet of all building
2705 faces at ground level;
2706 5. The name, address, and telephone number of a person authorized to act as
2707 an agent for the owner for performing the owner's obligations under this article, who lives
2708 within forty (40) miles of Salt Lake City; and
2709 6. Whether the property has the required external water source for
2710 landscaping, if landscaping is required.
2711
2712 18.48.210: INITIAL FEESNOTICE OF REGISTRATION:
2713 For the first year of any boarding, at the time of filing the application, the applicant shall pay the
2714 fees shown on the Salt Lake City consolidated fee schedule for each structure. Upon registration
2715 the city may record with the Salt Lake County Recorder’s Office a notice of registration. The
2716 recordation of a notice of registration shall not be deemed an encumbrance on the property but
2717 shall merely place interested parties on notice that the cost of City abatement activities conducted
2718 pursuant to Section 18.48.245 may be outstanding and recoverable as a lien on the property in
2719 accordance with Section 18.48.100. Once the building official determines that the property is no
2720 longer subject to registration then a notice of deregistration shall be recorded. Recordation of the
2721 notice of deregistration shall have the effect of canceling the recorded notice of registration.
2722
2723 18.48.215: YEARLY REGISTRATION FEES:
75
LEGISLATIVE DRAFT
2724 A. Annual Fee: Upon registration and onOn or before each yearly anniversary of the
2725 date the property was registered pursuant to this articleissuance of a boarding permit, a property
2726 owner desiring to maintain a boarded building shall pay the annual boarding registration fee
2727 shown on the Salt Lake City consolidated fee schedule. Properties that are defined as a
2728 “contributing structure” or “landmark site” pursuant to Section 21A.34.020 shall be subject to a
2729 higher registration fee. A change in ownership shall not restart the yearly amount of registration
2730 fees, but such fees shall increase as set forth in the Salt Lake City consolidated fee schedule in
2731 accordance with the amount of time that the property has been registered.
2732 B. Late Penalty and InterestFee: If annual registration fees are not timely paid, an
2733 accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.A late fee of
2734 twenty five dollars ($25.00) shall be assessed by the city for each thirty (30) days, or any portion
2735 thereof, in which the annual fees have not been paid up to amounts allowed by state law.
2736 C. Failure Tto RegisterObtain Permit: Boarding a building before
2737 registeringobtaining a permit pursuant to this article shall result in a fine of up to twenty five
2738 percent (25%) of the boarding registrationapplication fee specified in the Salt Lake City
2739 consolidated fee schedule.
2740 D. Collection Oof Fees: If the property owner fails to pay either the initial boarding
2741 fees or the annual boarding registration fees, the city may take legal action to collect any
2742 amounts owed.
2743
2744 18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
2745 Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
2746 sign to be mounted on the exterior of the building. The sign shall state that the building is closed
2747 to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
2748 shall also provide phone numbers to call if people are seen on the property or if doors or
2749 windows are unsecured.
2750
2751 18.48.225: METHOD OF SECURING BUILDINGS:
2752 All buildings shall be boarded in the following manner:
2753 A. Securing Opening: All openings in the structure on the first floor, other openings
2754 easily accessible from the ground, and openings with broken glass, shall be secured either by
2755 erecting a single one-half 1/2 inch (1/2") thick layer of plywood sheathing or similar material,
2756 not to include chipboard/OSB, covering over all exterior openings, overlapping the opening on
2757 every edge by three3 inches (3"), affixed along the edges by nails or screws spaced every six6
2758 inches (6").
2759 B. Alternatives to Securing Openings: Alternately, the openings may be secured by
2760 conventional wood frame construction. The frames shall use wood studs of a size not less than
2761 two2 inches by four4 inches (2" x 4") (nominal dimension) placed not more than 24twenty four
2762 inches (24") apart on center. The frame stud shall have the four4 inch (4") sides or the wide
76
LEGISLATIVE DRAFT
2763 dimension perpendicular to the face of the wall. Each side of the frame shall be covered with
2764 plywood sheathing or similar material of at least one-half1/2 inch (1/2") thickness or equivalent
2765 lumber nailed over the opening by using nails or screws spaced every six6 inches (6") on the
2766 outside edges and every twelve12 inches (12") along intermediate stud supports; and
2767 C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
2768 adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
2769 described in Subsection A or B of this section or successor sections.
2770
2771 18.48.230: LANDSCAPE MAINTENANCE:
2772 Existing landscaping and lawn on the property shall be maintained in the manner otherwise
2773 required by Chapters 9.16 and 21A.48.
2774
2775 18.48.235: EXTERIOR MAINTENANCE:
2776 A. Exterior Oof Building: The exterior of a boarded building shall be maintained as
2777 required by relevant requirements set forth in Section 18.50.140 of this title. In particular,
2778 exterior walls and surfaces shall be properly maintained and severely weathered, peeling, or
2779 unpainted wood and damaged siding and roofing shall be replaced or repaired with similar
2780 materials and colors.
2781 B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
2782 railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
2783 interior of a boarded building shall not be salvaged except upon the issuance of a permit as
2784 provided in Section 18.64.070 of this title.
2785 C. Enforcement of Exterior Maintenance Requirements: If the owner of a boarded
2786 building fails to maintain the building and its premises as required by this section and Section
2787 18.64.045 of this title, the city may take appropriate legal action to enforce such requirements.
2788
2789 18.48.240: SNOW AND ICE REMOVAL:
2790 Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
2791 the manner indicated in Section 14.20.070 of this code.
2792
2793 18.48.245: CITY MAINTENANCE OF PROPERTY:
2794 A. Notice: If the building official or the building official's designee determines that a
2795 boarded building and/or property is not being maintained, the building official or the building
2796 official's designee shall issue a notice and order pursuant to Section 18.24.040send a notice to the
2797 property owner and/or the property owner's agent requiring compliance with the building
2798 maintenance standards as required in city code.
77
LEGISLATIVE DRAFT
2799 B. Failure to Comply with Notice: If the building official or designee determines that
2800 the property owner has failed to comply with the notice and order, the city may cause the work to
2801 be done by a contractor hired by the city and the city may recover its abatement costs in
2802 accordance with the process set forth in Section 18.48.100.
2803 C. City's Recovery Of Costs: The city shall bill the property owner:
2804 1. The administrative fee shown on the Salt Lake City consolidated fee
2805 schedule to cover the city's administrative expenses in contracting for the building
2806 maintenance; and
2807 2. The actual cost of building maintenance billed to the city by the city's
2808 contractor.
2809
2810 18.48.250: CITY MAINTENANCE OF LANDSCAPING:
2811 If the building official or the building official's designee determines that the landscaping on the
2812 property surrounding a boarded building is not being maintained as required by city code, the
2813 building official or the building official's designee shall follow the notice of violation and
2814 corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
2815
2816 18.48.255: VIOLATIONS:
2817 A. It is unlawful for the building owner to fail to maintain the boarded building or
2818 ensure the building remains vacated after the property has been abated by either the city or the
2819 building owner. Each day a violation occurs shall be a separate offense.
2820 B. Violations of the provisions of this chapter are punishable in accordance with
2821 Chapter 18.24by imposing a civil penalty as provided in Section 21A.20.010 et seq., of this code.
2822
2823 18.48.260: BUILDING INSPECTIONS REQUIRED:
2824 Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
2825 reoccupy a building that has been boarded, the building is to be inspected by the building official
2826 or designee and a permit must be issued by building services or its successor prior to the building
2827 owner, manager, or tenant initiating any of the above actions. Any person conducting any work
2828 on a building that has been boarded or closed to occupancy must have a valid building permit at
2829 all times.
2830
2831 SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
2832 18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
2833 Housing) is hereby amended as follows:
78
LEGISLATIVE DRAFT
2834
2835 CHAPTER 18.50
2836 EXISTING RESIDENTIAL HOUSING
2837
2838 18.50.010: TITLE:
2839 This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
2840 ORDINANCE and is referred to herein as "this chapter".
2841
2842 18.50.020: PURPOSE AND SCOPE:
2843 A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
2844 convenience and aesthetics of Salt Lake City and its present and future inhabitants and
2845 businesses, to protect the tax base, and to protect property values within the city, as provided by
2846 sSection 10-9a-102, of the Utah Code Annotated, or its successor section, and other applicable
2847 state statutes. This purpose shall be accomplished by regulating the maintenance, repair and
2848 remodeling of residential buildings specified in this chapter existing as of the date of enactment
2849 hereof by:
2850 1. Establishing minimum housing standards for all buildings or portions
2851 thereof used, or designed or intended to be used, for human habitation;
2852 2. Establishing minimum standards for safety from fire and other hazards;
2853 3. Promoting maintenance and improvement of structures by applying
2854 standards of this chapter to renovations. This chapter allows distinctions in the
2855 application of standards based on the year a structure was built, as long as a reasonable
2856 level of safety is achieved;
2857 4. Avoiding the closure or abandonment of housing and the displacement of
2858 occupants where such can be done without sacrificing the public health, safety and
2859 welfare;
2860 5. Providing for the administration, enforcement and penalties for this
2861 chapter.
2862 B. Scope:
2863 1. Application Tto Existing Buildings: This chapter encompasses fire safety
2864 and structural integrity of existing residential buildings. Within the structures, the scope
2865 includes equipment and facilities for light, ventilation, heating, sanitation, protection
2866 from the elements, space requirements, and for safe and sanitary maintenance.
2867 2. Owner Occupied Versus Rental Properties: Except as specified in
2868 subsection B3 of this section, the standards of this chapter apply to the interior and
2869 exterior of all buildings, dwelling units and premises which are occupied on a rental
2870 basis. For buildings or dwelling units which are occupied solely by the owner and the
79
LEGISLATIVE DRAFT
2871 owner's family, all the requirements defined as imminent danger or hazardous condition
2872 situations, and those affecting the exterior of the building and premises shall apply. Other
2873 interior standards do not apply to owner occupied dwelling units.
2874 3. Condominiums: Repealed.
2875 2.4. Application Tto Remodeling Oof Existing Residential Buildings: This
2876 chapter shall apply to remodeling or renovation of all residential buildings existing as of
2877 the date of enactment hereof as follows:
2878 a. This chapter applies regardless of tenancy, regardless of the
2879 valuation of the renovations, and regardless of the date of such remodeling or
2880 renovation, unless otherwise noted in this chapter.
2881 b. Those buildings or portions thereof which conform with all
2882 applicable laws in effect at the time of their construction or whose fire resistive
2883 integrity and fire extinguishing systems have been adequately maintained and
2884 improved to accommodate any increase in occupant load, alteration or addition, or
2885 any change in occupancy may continue in accordance with the standards in effect
2886 at that time. This chapter shall not lessen such requirements for residential
2887 buildings which were constructed in compliance with the code in effect at the
2888 time of construction.
2889 bc. The requirements of this chapter are minimums. During a
2890 renovation or remodeling project, whenever conditions exist which allow such
2891 work to comply with the codes adopted in Section 18.04.040, such codesstandard
2892 of the UBC, UPC or UMC these codes shall apply.
2893 cd. When a construction standard is omitted from this chapter, the
2894 applicable standard shall be the state construction codes adopted andUBC, UMC
2895 or UPC in effect at the time the building was constructed or at the time the
2896 relevant electrical, mechanical, or plumbing element was installed, whichever is
2897 later.
2898 de. When the purpose of the renovation is to create new dwelling
2899 units, the codes adopted in Section 18.04.040UBC rather than this chapter shall
2900 apply.
2901 3.5. Application Tto New Construction: From the date of adoption hereof,
2902 newly constructed buildings must comply with the codes adopted pursuant to Section
2903 18.04.040currently adopted UBC. All additions to an existing building envelope shall
2904 comply with the codes adopted pursuant to Section 18.04.040most recently adopted
2905 edition of the UBC.
2906 6. Dangerous Buildings: Residential buildings subject to section 302 of the
2907 UCADB shall be governed by the UCADB and not by this chapter. If any conflict exists
2908 between this chapter and the UCADB, the UCADB shall control.
80
LEGISLATIVE DRAFT
2909 4.7. Change Oof Use: Any building undergoing a change which intensifies the
2910 use, as defined in the UBC and the uniform code for building conservation, shall comply
2911 with the provisions of the codes adopted pursuant to Section 18.04.040UBC.
2912 5.8. Permits Required: Except as provided in this subsection, no building or
2913 structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
2914 removed, converted, or demolished unless a separate permit for each building or structure
2915 has first been obtained from the building official. Except where required by state law,
2916 permits are not required for those items identified in Section 105.2 of the International
2917 Building Code and International Residential Code, or as otherwise directed by the
2918 building official.the following:
2919 a. Floor covering installation;
2920 b. Interior and exterior painting;
2921 c. Attaching interior finish wall coverings and similar interior finish work;
2922 d. Replacement of glazing except where safety glazing is required by the
2923 UBC;
2924 e. Patching wall surfaces;
2925 f. Installation of countertops and cabinets;
2926 g. Replacement of interior and exterior light fixtures;
2927 h. Replacement of electrical wall outlets and switches;
2928 i. Replacement of kitchen or bathroom sinks, toilets or bidets where the trap
2929 and trap arm are not replaced or extended;
2930 j. Replacement of faucets, washers and traps (when the trap is replaced with
2931 like installation and the trap arm and the existing vents and drain lines are not disturbed);
2932 k. Repair of irrigation pipelines where the backflow preventers exist or are
2933 not being replaced;
2934 l. Replacement of filters, belts and motors in mechanical systems;
2935 m. Installation of battery operated smoke detectors or one 120-volt smoke
2936 detector;
2937 n. Replacement of sidewalks on private property;
2938 o. Replacement of ventilation fans;
2939 p. Seasonal weatherization, as long as it does not prevent emergency egress.
2940 C. Violations: It is unlawful for any person to:
81
LEGISLATIVE DRAFT
2941 1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
2942 demolish, equip, use, occupy or maintain any building or structure or cause or permit the
2943 same to be done in violation of this chapter;
2944 2. Fail to obey a notice and order issued pursuant to this chapter;
2945 3. Occupy, or rent for occupancy, a building that has been closed to
2946 occupancy; or
2947 4. Fail to obey an interpretation, decision or requirement of the board of
2948 appeals and examinershousing advisory and appeals board within thirty (30) days, unless
2949 otherwise noted.
2950
2951 18.50.030: DEFINITIONS:
2952 A. Construction Oof Terms: For the purpose of this chapter, certain terms, phrases,
2953 words, and their derivations shall be construed as specified in this section. Words used in the
2954 singular include the plural, and words used in the plural include the singular.
2955 B. Whole Includes Part: Whenever the words "apartment house", "building",
2956 "dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
2957 this chapter such words shall be construed as if followed by the words "or any portion thereof",
2958 except for owner occupied areas as specified in subsection 18.50.020B2 of this chapter.
2959 C. Referenced Documents: References to codes, ordinances, chapters, sections, or
2960 subsections shall include any successor to such code, ordinance, chapter, section, or subsection
2961 that has been adopted by the city.
2962 D. Defined Terms:
2963 ADDITION: An increase in floor area or height of a building or structure outside of the existing
2964 building envelope.
2965 ADMINISTRATIVE HEARING OFFICER: A member of the building services and licensing
2966 staff who has been authorized by HAAB to conduct administrative hearings to establish a repair
2967 agreement between the property owner and the building official to resolve the property's
2968 deficiencies as defined by this code.
2969 AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
2970 who acts for or on behalf of others.
2971 APARTMENT HOUSE: Any building which contains three (3) or more dwelling units otherwise
2972 subject to this code.
2973 APPROVED: As to a given material, mode of construction or repair, piece of equipment or
2974 device means approved by the building official as the result of investigation and/or tests
2975 conducted by the building official, or by reason of accepted principles or tests by recognized
2976 authorities or technical or scientific organizations.
82
LEGISLATIVE DRAFT
2977 ATTIC: That portion of a building included between the upper surface of the topmost floor and
2978 the ceiling or roof above.
2979 BASEMENT: A floor level, any part of which is more than four4 feet (4') below grade for more
2980 than fifty percent (50%) of the total perimeter or more than eight8 feet (8') below grade at any
2981 point as floor and grade are defined in the UBC.
2982 BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
2983 tub or shower. It may also include a bidet.
2984 BEDROOM: Any space designed or used for sleeping.
2985 BOARDING HOUSE (or ROOMING HOUSE): A building other than a hotel or motel, with
2986 three (3) or more bedrooms where direct or indirect compensation for lodging and/or kitchen
2987 facilities, not located in guestrooms, or meals are provided for boarders and/or roomers not
2988 related to the head of the household by marriage, adoption or blood. Rentals must be on at least a
2989 monthly basis.The same as defined in Title 21A.
2990 BUILDING: Any structure which is used, designed or intended to be used for human habitation.
2991 BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
2992 A building which has been closed to occupancy.
2993 BUILDING ENVELOPE: The space defined by existing floors, exterior walls, roof, basement
2994 and attic, but not including attached garages.
2995 BUILDING INSPECTOR: A person designated by the building official to make inspections of
2996 buildings and properties covered by this chapter.
2997 BUILDING OFFICIAL: The officer or other designated authority charged with the
2998 administration and enforcement of this chapter, or the officer's designee.
2999 BUILDING SERVICES AND LICENSING: The office of the city charged with the
3000 administration of the city's building and housing ordinances.
3001 CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
3002 lowest point of the ceiling framing members. Where projectionsobstructions other than lighting
3003 fixtures exist below the ceiling, the height shall be measured from the projectionobstruction to
3004 the finished floor.
3005 CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
3006 occupancy of a building.
3007 CITATION DEADLINE: The date identified in the second notice of violation, including any
3008 authorized extension of time.
3009 COMMON ROOM: A room available in congregate housing for the shared use of occupants of
3010 two (2) or more housing units. This does not include common corridors and exit passages, but
3011 does include kitchens and game rooms.
3012 CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
3013 57-8-3, of the Utah Code Annotated, 1953, as amended, or its successor.
83
LEGISLATIVE DRAFT
3014 CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
3015 sanitation, as required by this chapter, and may include facilities for eating and cooking, for
3016 occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
3017 dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
3018 include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
3019 COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
3020 nonportable cooktop and oven, and a sink.
3021 CORRIDOR: A hallway that serves more than one dwelling unit.
3022 COURT: A space, open and unobstructed to the sky, located at or above grade level and bounded
3023 on three (3) or more sides by walls of a building.
3024 CROSS CONNECTION: Any connection or arrangement, physical or otherwise, between a
3025 potable water supply system and any plumbing fixture or any tank, receptacle, equipment or
3026 device, through which unclean or polluted water or other substances may contaminate such
3027 potable water supply system.
3028 DWELLING UNIT: Any building or a portion thereof which contains living facilities, including
3029 provisions for sleeping, eating, cooking, and sanitation, as required by this chapter.
3030 EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
3031 bath and/or kitchen in the unit.
3032 EXISTING: In existence prior to adoption hereof.
3033 EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
3034 intervening aisles, doorways, gates, corridors, exterior exit balconies, ramps, stairways,
3035 smokeproof enclosures, horizontal exits, exit passageways, and exit access rampscourts and
3036 yards as these terms are defined in the International Building CodeUBC.
3037 FAMILY: The same as defined in tTitle 21A of this code.
3038 FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
3039 spread of fire, as specified in the UBC.
3040 FIRST NOTICE: The initial notice informing the person cited that a housing violation exists.
3041 FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
3042 cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
3043 walls or other partitions.
3044 GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
3045 storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
3046 GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
3047 including safety glass, but not including glass block.
3048 HAAB: The city's housing advisory and appeals board created pursuant to title 2, chapter 2.21 of
3049 this code.
84
LEGISLATIVE DRAFT
3050 HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
3051 toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
3052 HALL: A space used for circulating between the rooms of a building within an individual
3053 dwelling unit.
3054 HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
3055 failure of a structural, electrical, mechanical or plumbing component system or systems is likely
3056 to occur reasonably soonwithin the next ninety six (96) hours but which has not yet occurred or
3057 which is not serious enough to be considered an "imminent danger". "Hazardous conditions"
3058 consist of any of the following:
3059 1. All of the conditions listed under the definition of "imminent danger" if
3060 those conditions can be repaired with safelyty while all or the affected part of the
3061 building or unit remains occupied; or
3062 2. "Imminent danger" conditions which have been partially secured pursuant
3063 to Section 18.24.030.Esubsection 18.50.060B2b of this chapter;
3064 3. Improper, missing, misused or malfunctioning electrical service or
3065 disconnect devices;
3066 4. Cracked, displaced or missing foundations resulting in settlement and
3067 structural damage;
3068 5. Defective or deteriorated flooring or floor supports;
3069 6. Flooring or floor supports of insufficient size to carry imposed loads with
3070 safety;
3071 7. Members of walls, partitions or other vertical supports that crack, split,
3072 lean, list or buckle due to defective material or deterioration where failure is likely to
3073 occur reasonably soonwithin the next ninety six (96) hours but is not likely to occur
3074 immediately;
3075 8. Members of walls, partitions or other vertical supports that are of
3076 insufficient size to carry imposed loads with safety;
3077 9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3078 or vertical members which sag, split or buckle due to defective material or deterioration;
3079 10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
3080 congregate housing unit;
3081 11. Lack of or inoperable kitchen sink in a dwelling unit or congregate
3082 housing unit;
3083 12. Fireplaces or chimneys which are of insufficient size or strength to carry
3084 imposed loads with safety such that failure is likely to occur reasonably soonwithin the
3085 next ninety six (96) hours but is not likely to occur immediately;
85
LEGISLATIVE DRAFT
3086 13. Except as defined under "imminent danger" below, conditions that reduce
3087 the width, height or area of a required emergency exitway or required escape window;
3088 14. All buildings or portions thereof which are not provided with the operable
3089 fire extinguishing systems or equipment required by city codes;
3090 15. Buildings or portions thereof occupied for living, sleeping, cooking or
3091 dining purposes which were not designed or intended to be used for such occupancies;
3092 16. Lack of a kitchen area equipped with a working stove, oven, sink and
3093 refrigerator unless specified otherwise by this code.
3094 HISTORIC BUILDING: Any building or structure which has been designated for preservation
3095 by Salt Lake City pursuant to tTitle 21A of this code or its successor, or has been listed on the
3096 National Register of Historic Places or on the Utah State Register of Historic Places, or is a
3097 contributory structure located in an historic district designated pursuant to tTitle 21A of this
3098 code.
3099 HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
3100 out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
3101 HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
3102 lodging on a daily or weekly basis.
3103 IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
3104 structural, electrical, mechanical or plumbing systems have failed so that they may cause
3105 immediate death or serious injury to the building's occupants or the public. Conditions of
3106 "imminent danger" are those that are so severe and dangerous that either repairs cannot be
3107 completed immediately or it is appropriate to have the residents or other occupants leave the
3108 building or unit before the repairs have begun. "Imminent danger" consists of any of the
3109 following and other similarly serious conditions:
3110 1. Failed or missing foundations, beams, columns, floor systems;
3111 2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
3112 members which sag, split or buckle and failure is likely to occur at any moment;
3113 3. Broken water lines causing flooding which is undermining structural
3114 supports or otherwise endangering the building's integrity;
3115 4. Leaking gas;
3116 5. Missing flues or vent connectors resulting in exhaust gases entering the
3117 building;
3118 6. Lack of adequate heating facilities during the months of October through
3119 April;
3120 7. Overload of main and branch electrical distribution systems;
3121 8. Exposed electrical wires, fuses and electrical current breakers capable of
3122 producing electrical shock or fire and readily accessible to the occupants or the public;
86
LEGISLATIVE DRAFT
3123 9. Stairs and stair components that cannot carry the loads intended and which
3124 may collapse if so loaded;
3125 10. Contaminated water systems;
3126 11. A complete absence of toilet facilities;
3127 12. A complete lack of water supply or sewage disposal facilities, as a result
3128 of a failure of a building's or dwelling unit's system and not a city system failure;
3129 13. Blocked emergency egress halls, corridors and/or doors, including
3130 accumulation or storage of materials in stairways, corridors, doors or windows, or other
3131 condition which blocks the means of egress.
3132 INFESTATION: The presence of insects, rodents or other pests in or around a building in
3133 numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
3134 KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
3135 which includes permanently installed cooking facilities.
3136 LISTED AND LISTING: Terms referring to equipment and materials which are shown in a list
3137 published by an approved testing agency qualified and equipped for experimental testing and
3138 maintaining an adequate periodic inspection of current productions. The listing states that the
3139 material or equipment complies with accepted national standards which are approved, or
3140 standards which have been evaluated for conformity with approved standards.
3141 MAINTENANCE: The repair, replacement and refinishing of any component of an existing
3142 structure, but does not include alteration or modification to the existing weight bearing structural
3143 components.
3144 MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
3145 minor in nature and is less severe or dangerous than a "substandard condition". "Minor
3146 deficiencies" include the following, and other similarly minor conditions:
3147 1. Interior finish wall coverings missing or in disrepair;
3148 2. Lack of paint;
3149 3. Dripping or leaking kitchen or bathroom faucets;
3150 4. Soffit and fascia trim of which no more than twenty percent (20%) is
3151 weathered, missing, or loose.
3152 MONUMENTAL STAIRS: A stairway, exceeding four4 feet (4') in width, at the main entrance
3153 on the exterior of a building.
3154 MULTIPLE-FAMILY STRUCTURE: A residential building containing three (3) or more
3155 dwelling units.
3156 NEC: The edition of the national electrical code currently adopted by the city.
3157 NOTICE AND ORDER: A document which:
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LEGISLATIVE DRAFT
3158 1. Provides notice of the existence of a condition covered by this chapter;
3159 2. Orders certain actions by the owner or owner's designee; and
3160 3. Specifies subsequent processes.
3161 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
3162 been cured.
3163 NOTIFIED PARTY: The person or persons to whom a notice and order is issued.
3164 OCCUPANT: A person occupying or having possession of a dwelling unit.
3165 OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
3166 window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
3167 street, alley or recess from a court.
3168 OWNER: Any person, individual, firm, corporation, associate, joint venture or partnership and
3169 its agents or assigns who has title or interest in any building, with or without accompanying
3170 actual possession, and including any person who as agent or executor, administrator, trustee or
3171 guardian of an estate has charge, care or control of any building.
3172 PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
3173 likely to walk because of the location of doors, fixtures or furniture placement when size of room
3174 restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
3175 located near the middle of the room are within the pattern of circulation.
3176 PERSON: Any individual, firm, corporation, association, joint venture or partnership and its
3177 agents or assigns.
3178 PERSON CITED: The owner, owner's agent, tenant or occupant of any building or land or part
3179 thereof and any architect, builder, contractor, agent or other person who participates in, assists,
3180 directs or creates any situation that is contrary to the requirements of this chapter, and who
3181 received the notice of violation and is being held responsible for the violation.
3182 PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
3183 or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
3184 such water distribution or drainage piping and including potable water treating or using
3185 equipment, and any lawn sprinkling system.
3186 PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
3187 PUBLIC WAY: Any street, alley or similar parcel of land essentially unobstructed from the
3188 ground to the sky which is deeded, dedicated, or otherwise permanently appropriated to the
3189 public for public use and which has a clear width of not less than ten feet (10').
3190 RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
3191 RISE: The vertical portion of a stair step.
3192 ROOMING HOUSE: A building or group of attached or detached buildings containing in
3193 combination at least three (3) lodging units for occupancy on at least a monthly basis, with or
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LEGISLATIVE DRAFT
3194 without board, as distinguished from hotels and motels in which rentals are generally for a daily
3195 or weekly period and occupancy is by transients.
3196 RUN: The horizontal portion of a stair step, measured from the leading edge of the stair tread to
3197 a point directly beneath the leading edge of the step directly above.
3198 SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
3199 one combined sleeping and living room and may include a kitchen and/or a separate private
3200 bathroom.
3201 SAFETY: The condition of being safe from causing harm, injury or loss.
3202 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
3203 to accrue if the housing violation is not corrected.
3204 SECURED BUILDING: A building where all windows and doors are intact and lockable against
3205 unauthorized entry.
3206 SLOPING CEILING: Any ceiling with a slope greater than one- half1/2 inch (1/2") per foot.
3207 SMOKE DETECTOR: An approved device which senses visible or invisible particles of
3208 combustion.
3209 SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
3210 the building.
3211 SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
3212 exclusive use of the occupants of the unit.
3213 STORY: That portion of a building included between the upper surface of any floor and the
3214 upper surface of the floor next above or the bottom surface of the roof structure.
3215 STRUCTURE: Anything that is built or constructed for residential occupancy, or attached to a
3216 building for residential occupancy.
3217 SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
3218 condition in a residential building or dwelling unit which violates applicable codes but with
3219 maintenance or repair can be made fully safe and which does not amount to an "imminent
3220 danger" or a "hazardous condition". "Substandard conditions" include the following as well as
3221 any violations of the standards in this chapter which have not been included in the categories of
3222 "imminent danger", "hazardous condition" or "minor deficiency":
3223 1. Deteriorated or inadequate foundations with cracking and evidence of
3224 settlement;
3225 2. Defective or deteriorated flooring or floor supports;
3226 3. Members of walls, partitions or other vertical supports that split, lean, list
3227 or buckle due to defective material or deterioration;
3228 4. Members of ceilings, roofs, ceiling and roof supports, or other members
3229 that are of insufficient size to carry live and dead loads with safety;
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LEGISLATIVE DRAFT
3230 5. Soffit and fascia trim more than twenty percent (20%) of which is
3231 weathered, missing or loose;
3232 6. Missing, decayed, buckling or worn out roof covering;
3233 7. Roof having more than two (2) layers of shingle type roof covering;
3234 8. Fireplaces or chimneys which list, bulge or settle, due to defective
3235 material or deterioration;
3236 9. Parapet wall or parapet cap bricks that are loose or missing;
3237 10. Stair risers, treads, jacks, stringers or supports that are cracked or
3238 otherwise deteriorated or missing;
3239 11. Plumbing which was not installed in accordance with the adopted
3240 plumbing code in effect at the time of installation or with generally accepted construction
3241 practices, has not been maintained in good condition, or is not free of cross connections
3242 or siphonage;
3243 12. Continuous running water in a toilet, bathroom sink or kitchen sink;
3244 13. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
3245 or congregate housing structure;
3246 14. Mechanical equipment which was not installed in accordance with codes
3247 in effect at the time of installation, or with generally accepted construction practices, or
3248 which has not been maintained in good and safe condition;
3249 15. Inoperable heating systems during the months of May through September;
3250 16. Inoperable air conditioning systems, when the building is supplied with
3251 such a system and lacks other adequate forms of ventilation and the air conditioning
3252 system fails to keep the air temperature below eighty five degrees Fahrenheit (85°F);
3253 17. Damaged or missing heat ducts or missing heat duct registers;
3254 18. Electrical wiring which was not installed in accordance with codes in
3255 effect at the time of installation or with generally accepted construction practices, has not
3256 been maintained in good condition, or is not being used in a safe manner;
3257 19. Missing light fixtures, switches and outlet and switch cover plates;
3258 20. Overcurrent situations such as those caused by the use of electrical
3259 extension cords and multiple light fixtures;
3260 21. Lack of the minimum natural light and ventilation required by this
3261 chapter;
3262 22. Room and space dimensions less than that required by this chapter;
3263 23. Dampness of habitable rooms as evidenced by water damage or excess
3264 moisturecondensation or mold on ceilings, walls or floors;
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LEGISLATIVE DRAFT
3265 24. Deteriorated, crumbling or loose plaster or stucco;
3266 25. Deteriorated or ineffective waterproofing of exterior walls, roof,
3267 foundation or floors, including broken windows or doors;
3268 26. Deteriorated or lack of weather protection for exterior wall coverings;
3269 27. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
3270 28. Wood has been installed within six6 inches (6") of earth which is not
3271 naturally decay resistant, treated wood or wood protected by an approved barrier;
3272 29. Infestation of insects, vermin or rodents as determined by the Salt Lake
3273 CountyValley health department, or its succcessor;
3274 30. Lack of garbage and rubbish storage and removal facilities as determined
3275 by the Salt Lake ValleyCounty health department regulations;
3276 31. Those premises on which an accumulation of weeds, vegetation, junk,
3277 dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
3278 materials or conditions constitute a violation of the Salt Lake CountyValley health
3279 department regulations;
3280 32. Any building, device, apparatus, equipment, combustible materials or
3281 vegetation which, in the opinion of the chief of fire department or building official, is in
3282 such a condition as to cause a fire or explosion or provide a ready fuel to augment the
3283 spread and intensity of fire or explosion arising from any cause;
3284 33. Any fire resistive requirement of this chapter which is not met;
3285 34. Drainage of water from roofs or yards in a manner that creates flooding or
3286 damage to a structure;
3287 35. Any equipment or apparatus that causes excessive noise, pollution, odor or
3288 light as defined by the Salt Lake City code or Salt Lake ValleyCounty health regulations;
3289 36. Guardrails or handrails in common areas that are missing or cannot
3290 support required loads.
3291 TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
3292 a tub or shower.
3293 UBC: The edition of the uniform building code currently adopted by the city.
3294 UCADB: The edition of the uniform code for the abatement of dangerous buildings currently
3295 adopted by the city.
3296 UFC: The edition of the uniform fire code currently adopted by the city.
3297 UMC: The edition of the uniform mechanical code currently adopted by the city.
3298 UPC: The edition of the uniform plumbing code currently adopted by the city.
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LEGISLATIVE DRAFT
3299 UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
3300 building official to be an "imminent danger" or "hazardous condition" situation as defined by this
3301 chapter, or which fails to meet the sanitation requirements of the Salt Lake ValleyCounty health
3302 department.
3303 VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
3304 or skylight which opens upon a roof, yard, court, street or alley.
3305 YARD: As defined in Title 21AAn open space, other than a court, unoccupied by any structure
3306 on the lot on which a building is situated, unobstructed from the ground to the sky.
3307
3308 18.50.040: AUTHORITY:
3309 A. Enforcement: The building official is authorized to enforce all the provisions of
3310 this chapter. The building official may issue and deliver enforcement orderscitations under
3311 authority provided by state law.
3312 B. Interpretation: The building official may render interpretations of this chapter and
3313 adopt and enforce rules and supplemental regulations pursuant to adopted state construction
3314 codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
3315 conform to the intent and purpose of this chapter, and shall be made available in writing for
3316 public inspection upon request.
3317 C. Alternate Materials Aand Methods Oof Construction: This chapter is not intended
3318 to exclude any method of structural design or repair not specifically provided for in this chapter
3319 or applicable adopted state construction codesthe UBC. The building official may approve any
3320 alternate material or method of construction conforming to the applicable adopted state
3321 construction codesalternate design and methods of construction section of the UBC.
3322
3323 18.50.050: RIGHT OF ENTRY:
3324 A. Inspection: Whenever it is necessary to make an inspection to enforce any
3325 provisions of this chapter, or whenever the building official has reasonable cause to believe a
3326 code violation exists in any building or upon any premises which makes such building or
3327 premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
3328 of the owner or other person having charge or control of the premises or dwelling unit, or upon
3329 obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
3330 imposed by this chapter. If such building or premises is occupied, the building official shall first
3331 present proper credentials and request entry. If such building or premises is unoccupied, the
3332 building official shall first make a reasonable effort to locate the owner or other persons having
3333 charge or control of the building or premises and request entry. If such entry is refused, the
3334 building official shall have recourse to every remedy provided by law to secure entry. The
3335 building official shall establish written policies which outline owner notification procedures for
3336 regular inspections and establish handling of owner notification for tenant reports of unsafe,
3337 dangerous and hazardous conditions.
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LEGISLATIVE DRAFT
3338 B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
3339 unattended and the owner or other person having charge or control of the building or premises
3340 cannot be located after reasonable effort, the building official or building official's designee may
3341 enter the building. The building official shall issue a notice and order pursuant to Section
3342 18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
3343 unauthorized persons.
3344 C. Inspection Notification: In imminent danger or hazardous condition situations, or
3345 when authorization to enter has not previously been granted by a tenant, the owner shall give the
3346 tenant a minimum of twenty four (24) hours' notification of an inspection of the tenant's premises
3347 by the building official.
3348 D. Violations: Whenever the building official has inspected a building and found
3349 violations of this chapter, the building official has the authority to commence action to cause the
3350 repair, rehabilitation or vacation of the building. The building official shall issue a notice and
3351 order to the owner(s) of the building, which shall list all violations, giving the section number
3352 and a detailed description of each, and classified by severity according to the following
3353 categories: imminent danger, hazardous condition, substandard condition, and minor deficiency
3354 situations. For each violation, or category of violation, the notice and order shall state the
3355 following, described in sections 18.50.060 through 18.50.090 of this chapter:
3356 1. The corrective action necessary for the violation(s);
3357 2. A time frame for compliance;
3358 3. The appeals and administrative hearing officer process; and
3359 4. Specific remedies the city may reasonably expect to take if the violations
3360 are not corrected.
3361
3362 18.50.060: RESERVEDIMMINENT DANGER SITUATIONS:
3363 A. Determination: If the building official determines that an imminent danger exists,
3364 the building official shall take the actions specified in this section.
3365 B. Notice And Order: The building official shall issue a notice and order containing
3366 the following:
3367 1. A notice listing the building's or unit's violations and the reason(s) that the
3368 building official determines that such conditions constitute an imminent danger;
3369 2. An order requiring:
3370 a. Immediate vacation of the building or dwelling unit, or
3371 b. The closure of that portion or system if the building official
3372 determines that a portion or system of the building or unit can be closed or
3373 otherwise secured so that the rest of the building or unit remains occupiable; and
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LEGISLATIVE DRAFT
3374 3. An explanation of the appeal rights and processes specified in subsection
3375 E of this section.
3376 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3377 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
3378 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3379 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3380 mail, postage prepaid, or shall be delivered by hand.
3381 D. Notified Party Actions: Within twenty four (24) hours after the issuance of the
3382 notice and order, the notified party shall take out all required permits and cause the building or
3383 dwelling unit to be either repaired or, if repairs cannot be or are not completed within twenty
3384 four (24) hours, secured from entry as required by other portions of this code.
3385 E. Expedited Appeal:
3386 1. If the notified party disagrees with the notice and order and files an appeal
3387 in writing within seven (7) days of the issuance of the notice and order, the appeal shall
3388 be heard before an HAAB panel within two (2) days of receipt of the appeal.
3389 2. The HAAB panel shall issue a written decision within two (2) days of the
3390 hearing.
3391 3. If the notified party is dissatisfied with the HAAB panel decision, the
3392 notified party may appeal by filing a written notice with the mayor within seven (7) days
3393 of the HAAB decision.
3394 4. The mayor or the mayor's designee shall consider the appeal on the record
3395 made before HAAB and the written appeal. The mayor or the mayor's designee may
3396 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3397 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3398 on the written materials or materials presented at a publicly conducted hearing.
3399 5. The appeal shall be considered, and the mayor or the mayor's designee
3400 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3401 6. The filing of an appeal shall not stay the requirements of the notice and
3402 order.
3403 F. City Remedies: If the notified party fails to repair or secure the property,
3404 the city may take all appropriate remedies authorized by law including, the imposition of
3405 civil fines, obtaining any necessary authorization to enter the property to secure it from
3406 occupancy or, if the property conditions represent a threat to the public, abating the
3407 deficiency as a public nuisance or taking other appropriate actions.
3408
3409 18.50.070: RESERVEDHAZARDOUS CONDITION SITUATIONS:
3410 A. Determination: If the building inspector determines that a hazardous condition
3411 exists, the building inspector shall take the actions specified in this section.
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LEGISLATIVE DRAFT
3412 B. Notice And Order: The building inspector shall issue a notice and order
3413 containing the following:
3414 1. A notice listing the building's or unit's violations and the reason(s) that the
3415 building inspector determines that such conditions constitute a hazardous condition;
3416 2. An order requiring the notified party to:
3417 a. Take out all necessary permits and repair the hazardous condition
3418 within three (3) days, or
3419 b. Close the building or required portions thereof to occupancy within
3420 three (3) days;
3421 3. An explanation of the appeal rights and processes specified in subsection
3422 E of this section.
3423 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this section
3424 shall be posted on the building entrance doors and on the entrance doors of all dwelling units
3425 affected by the notice and order. The notice and order shall also be mailed to the owner or the
3426 owner's designated agent by both certified mail, return receipt requested, and ordinary first class
3427 mail, postage prepaid, or shall be delivered by hand.
3428 D. Notified Party Actions: Within three (3) days after the issuance of the notice and
3429 order, the notified party shall take out all required permits and cause the building or dwelling
3430 unit to be either repaired or vacated and secured from entry as required by other portions of this
3431 code. The building official may extend the time for completing the required work to six (6) days
3432 from the date of issuance of the notice and order provided the required permits are taken out
3433 within three (3) days of the date of issuance of said notice and order.
3434 E. Appeal:
3435 1. If the notified party disagrees with the notice and order, the notified party
3436 may appeal in writing within fourteen (14) days of the issuance of the notice and order.
3437 The appeal shall be heard before an HAAB panel within thirty (30) days of receipt of the
3438 appeal.
3439 2. Appeals under this subsection shall stay the enforcement of those items
3440 appealed on the notice and order.
3441 3. The HAAB panel shall issue a written decision within seven (7) days of
3442 the hearing.
3443 4. If the notified party is dissatisfied with the HAAB panel decision, the
3444 notified party may appeal by filing a written notice with the mayor within seven (7) days
3445 of the HAAB decision.
3446 5. The mayor or the mayor's designee shall consider the appeal on the record
3447 made before HAAB and the written appeal. The mayor or the mayor's designee may
3448 accept additional evidence only if the evidence was improperly rejected by HAAB. The
95
LEGISLATIVE DRAFT
3449 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3450 on the written materials or materials presented at a publicly conducted hearing.
3451 6. The appeal shall be considered, and the mayor or the mayor's designee
3452 shall issue a final decision within twelve (12) days of the receipt of the appeal.
3453 F. City Remedies: If the notified party fails to repair or secure the property as
3454 required, the city may take all appropriate remedies authorized by law including, the imposition
3455 of civil fines, closing all or a portion of the building, obtaining any necessary authorization to
3456 enter the property to secure it from occupancy or, if the property conditions represent a threat to
3457 the public, abating the deficiency as a public nuisance or taking other appropriate actions.
3458
3459 18.50.080: RESERVEDSUBSTANDARD CONDITION SITUATIONS:
3460 A. Determination: If the building inspector determines that a substandard condition
3461 exists, the building inspector may take the actions specified in this section.
3462 B. Notice And Order: The building inspector may issue a notice and order containing
3463 the following:
3464 1. A notice listing the building's or unit's violations and the reason(s) that the
3465 building inspector determines that such conditions constitute a substandard condition;
3466 2. An order requiring the notified party to:
3467 a. Take out all necessary permits and repair the substandard condition
3468 within the times specified, or
3469 b. Close the building or required portions thereof to occupancy within
3470 thirty (30) days;
3471 3. An explanation of the appeal rights and processes specified in subsection
3472 E of this section.
3473 C. Delivery Of Notice And Order: Notices and orders issued pursuant to this
3474 subsection shall be posted on the building entrance doors and in the common areas of the
3475 building. Notices and orders issued to vacate the premises shall be posted on all building
3476 entrance doors, common areas and on individual dwelling units. The notice and order shall also
3477 be mailed to the owner or the owner's designated agent by both certified mail, return receipt
3478 requested, and ordinary first class mail, postage prepaid, or may be delivered by hand.
3479 D. Notified Party Actions: The notified party shall take out all required permits and
3480 cause the building or dwelling unit to be either repaired or secured from entry as required by
3481 other portions of this code within the times specified in the notice and order. If the building
3482 official determines that work is progressing appropriately and an extension is necessary, the
3483 building official may extend the times for completion of any work.
3484 E. Appeal And Administrative Hearing:
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LEGISLATIVE DRAFT
3485 1. If the notified party disagrees with the notice and order, the notified party
3486 may appeal in writing within thirty (30) days of the issuance of the notice and order. The
3487 appeal shall be heard before an HAAB panel within forty five (45) days of receipt of the
3488 appeal.
3489 2. Appeals of notice and order for substandard conditions shall be first
3490 considered by an administrative hearing officer pursuant to section 18.50.120 of this
3491 chapter.
3492 3. The HAAB panel shall issue a written decision within fourteen (14) days
3493 of the hearing.
3494 4. If the notified party is dissatisfied with the HAAB panel decision, the
3495 notified party may appeal by filing a written notice with the mayor within fourteen (14)
3496 days of the HAAB decision.
3497 5. The mayor or the mayor's designee shall consider the appeal on the record
3498 made before HAAB and the written appeal. The mayor or the mayor's designee may
3499 accept additional evidence only if the evidence was improperly rejected by HAAB. The
3500 mayor or the mayor's designee may, at their discretion, consider the appeal based solely
3501 on the written materials or materials presented at a publicly conducted hearing.
3502 6. The appeal shall be considered, and the mayor or the mayor's designee
3503 shall issue a final decision within thirty (30) days of the receipt of the appeal.
3504 7. Appeals under this subsection shall stay the enforcement of those items
3505 appealed on the notice and order.
3506 F. City Remedies: If the notified party fails to repair or secure the property as
3507 required, the city may take all appropriate remedies authorized by law including, the
3508 imposition of civil fines, closing all or a portion of the building or securing any necessary
3509 authorization to enter the property to make repairs.
3510
3511 18.50.090: MINOR DEFICIENCY NOTIFICATIONSITUATIONS:
3512 A. Determination: If the building inspector determines that a minor deficiency exists,
3513 the building inspector may take the actions specified in this section.
3514 B. Citations: Citations may be issued for minor deficiencies. However, such citations
3515 shall be for the owner's information only and shall have no further legal force or effect. When a
3516 notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
3517 under "for owner's information only". If a property inspection reveals only minor deficiencies,
3518 the building inspector may mail a letter to the owner informing the owner of such minor
3519 deficiencies.
3520 C. Delivery Of Notice And Order: The notice and order shall be mailed to the owner
3521 or the owner's designated agent by both certified mail, return receipt requested, and ordinary first
3522 class mail, postage prepaid, or shall be delivered by hand. If delivery of the notice and order by
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LEGISLATIVE DRAFT
3523 mail or hand delivery is not made, the notice and order shall be posted on the building entrance
3524 doors and on the entrance doors of all dwelling units affected by the notice and order.
3525 D. Notified Party Actions: The notified party shall take out all required permits and
3526 cause the building or dwelling unit to be either repaired or secured from entry as required by
3527 other portions of this code within the times specified in the notice and order. If the building
3528 official determines that work is progressing appropriately and an extension is necessary, the
3529 building official may extend the times for completion of any work.
3530 E. Appeal And Administrative Consideration: The appeal and administrative hearing
3531 officer processes shall be as specified in subsections 18.50.080E and F of this chapter.
3532 F. City Remedies: If the notified party fails to make the repairs required, or fails to
3533 reach an agreement acceptable to the city for remediation, the city may record a notice of
3534 deficiency with the Salt Lake County recorder's office specifying the deficiencies.
3535
3536 18.50.100: ENFORCEMENT:
3537 A. Determination: If the building inspector determines that a violation of this chapter
3538 exists, the building inspector may take the actions specified in this section.In addition to any
3539 other remedies authorized by law or in this chapter, if the notified party fails to repair or secure
3540 the property in question, the city may pursue any one or more of the following additional
3541 remedies:
3542 1. Notice Of Deficiency: The supervisor of housing enforcement may record
3543 with the Salt Lake County recorder's office a notice of any condition provided in sections
3544 18.50.060 through 18.50.090 of this chapter. The notice shall be mailed to all notified
3545 parties.
3546 2. Criminal Action: Violations of the provisions of sections 18.50.060
3547 through 18.50.080 of this chapter may be punishable as a class B misdemeanor upon
3548 conviction.
3549 3. Civil Action: Violations of sections 18.50.060 through 18.50.080 of this
3550 chapter may also be enforced by injunction, mandamus, abatement, civil fines or any
3551 other appropriate action in law or equity.
3552 B. Civil fines may be imposed according to the following procedures:Warning
3553 Notice
3554 1. Notice:
3555 a. If the housing building inspector finds that any provision of this chapter is being
3556 violated, the housing inspector shall provide a written notice to the responsible partyproperty
3557 owner and to any other person determined to be responsible for such violation. The written
3558 notice shall indicate the nature of the violation and order the action necessary to correct it.
3559 Additional written notices may be provided at the housing inspector's discretion.
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3560 b. The written notice shall state what action the housing inspector intends to take if
3561 the violation is not corrected. The written notice shall include information regarding the
3562 established warning period for the indicated violations and shall serve to start any warning
3563 periods provided in this chapterthe time period in which the violations must be corrected, which
3564 will be based on their severity.
3565 2. Delivery of Notice:
3566 c. Such written notice issued by the housing inspector shall be deemed sufficient and
3567 complete when served upon the responsible party as followsperson cited:
3568 a.(1) Personally by the inspector or his or her representative; or by
3569 mailing, postage prepaid, by certified mail, return receipt requested or any
3570 reputable mail tracking service that is capable of confirming delivery, addressed
3571 to the responsible partyperson cited at the last known address appearing on the
3572 records of the county recorder; and
3573 b.(2) By posting notice on the property where said violation(s) occurs.
3574 3.d. In cases when delay in enforcement would seriously threaten the effective
3575 enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
3576 housing inspector need not issue a warning noticemay seek enforcement without prior
3577 written notice by invoking any of the fines or remedies authorized in this chapter.
3578 e. If the violation remains uncured within five (5) days after the
3579 expiration of the warning period, a second notice of violation shall be delivered
3580 by mail, postage prepaid, addressed to the person cited at the last known address
3581 appearing on the records of the county recorder. The second notice shall identify
3582 the date on which the civil fines shall begin to accrue.
3583 C. Notice and Order: If, after issuance of the warning notice (if required), the
3584 violations have not been corrected by the time period stated in the notice, the building inspector
3585 may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
3586 provide any additional correction period and may impose fines beginning on the date it is issued.
3587 D.2. RemediesAmount Of Fine: Upon issuance of a notice and order, the building
3588 inspector may pursue any remedies allowed by Sections 18.24.030 and 18.24.050, except that
3589 cCivil fines shall accrue as set forth in the Salt Lake City consolidated fee schedule specific to
3590 the violations of this chapter.follows:
3591 a. Substandard condition violations: Twenty five dollars ($25.00) per
3592 day. If more than ten (10) substandard condition violations exist, the daily fines
3593 shall double.
3594 b. Hazardous condition violations: Fifty dollars ($50.00) each per
3595 day.
3596 c. Imminent danger violations: Seventy five dollars ($75.00) each per
3597 day.
99
LEGISLATIVE DRAFT
3598 d. Failure to obey an interpretation, decision or requirement of the
3599 housing advisory and appeals board: Twenty five dollars ($25.00) per day.
3600 E.3. Daily Violations: Each day a violation continues after the issuance of the notice
3601 and order (or cure deadline stated therein, if applicable)citation deadline shall give rise to a
3602 separate civil fine.
3603 F.4. Compliance: Accumulation of fines for violations, but not the obligation for
3604 payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
3605 through an inspection requested pursuant to Subsection 18.24.040.A.3.
3606 G.5. Recurring Violations: In the case where a violation, which had been corrected,
3607 reoccurs at the property within six (6) months of the initial correction and is due to the actions or
3608 inactions of the same responsible party as the prior violation, the city maywill begin enforcement
3609 of said recurring violation and impose fines will begin accruing after a ten (10) day warning
3610 period.
3611 6. Appearance Before A Hearing Officer:
3612 a. Right To Appear: Any person cited may appear before a hearing
3613 officer to appeal the amount of the fine imposed. However, no party may appear
3614 before a hearing officer until violations identified have been corrected and a
3615 notice of compliance has been issued. Appeals to the hearing officer contesting
3616 the amount of the fine imposed must be filed within thirty (30) days from the date
3617 of the notice of compliance.
3618 b. Defense: The burden to prove any defense shall be upon the person
3619 raising such defense.
3620 c. Responsibility: Commencement of any action to remove or reduce
3621 fines shall not relieve the responsibility of any person cited to cure the violation or
3622 to make payment of subsequently accrued civil fines nor shall it require the city to
3623 reissue any of the notices required by this chapter.
3624 7. Appeal Of Administrative Decision: The decision of the housing inspector
3625 regarding the existence of the housing violation shall be deemed an administrative
3626 decision which may be appealed to the housing advisory and appeals board within thirty
3627 (30) days of the date of the first notice.
3628 8. Hearing Officer Duties:
3629 a. The mayor, or his/her designee, shall appoint such hearing officer
3630 as the mayor, or his/her designee, deems appropriate to consider matters relating
3631 to the violation of this chapter. The hearing officer shall have the authority to hear
3632 evidence relating to mitigating circumstances and to make such equitable
3633 adjustments as he/she deems appropriate, as set forth below:
3634 (1) The hearing officer may adjust, reduce or eliminate fines or
3635 create payment plans relating to fines accrued by the person cited. In the
3636 administration of this duty, the hearing officer may reduce or eliminate
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LEGISLATIVE DRAFT
3637 fines based upon any circumstance or other equitable consideration the
3638 hearing officer finds to be applicable. In cases where the administrative
3639 process has not been followed by the division, the hearing officer has the
3640 authority to reduce or eliminate fines.
3641 (2) Payment plans may be created by the hearing officer.
3642 Although the hearing officer has the ultimate authority in establishing the
3643 payment schedule, the minimum payment schedule provided by the
3644 department of community and neighborhoods should be followed.
3645 9. Dismissal Criteria:
3646 a. If the hearing officer finds that no violation occurred and/or a
3647 violation occurred but one or more of the defenses set forth in this section is
3648 applicable, the hearing officer may dismiss the notice of violation. Such defenses
3649 include:
3650 (1) At the time of the receipt of the notice of violation,
3651 compliance would have violated the criminal laws of the state of Utah;
3652 (2) Compliance with the subject ordinances would have
3653 presented an imminent and irreparable injury to persons or property.
3654 10. Acceptance Of Hearing Officer Decision: If the hearing officer finds that a
3655 violation of this chapter occurred and no applicable defense exists, the hearing officer
3656 may, in the interest of justice and on behalf of the city, enter into an agreement for the
3657 timely or periodic payment of the applicable fine. The person cited has fourteen (14) days
3658 in which to accept the decision of the hearing officer. If the person cited does not accept
3659 the decision of the hearing officer, an agreement to modify the fine, or set up a payment
3660 schedule, the decision of the hearing officer is void and the city will attempt to collect the
3661 original amount of the fine.
3662 11. Abatement For Correction And Payment:
3663 a. Civil fines may be partially abated after the violation is cured and
3664 at the discretion of the hearing officer if any of the following conditions exist:
3665 (1) Strict compliance with the notice and order would have
3666 caused an imminent and irreparable injury to persons or property.
3667 (2) The violation and inability to cure were both caused by a
3668 force majeure event such as war, act of nature, strike or civil disturbance.
3669 (3) A change in the actual ownership of the property was
3670 recorded with the Salt Lake County recorder's office after the first or
3671 second notice was issued and the new owner is not related by blood,
3672 marriage or common ownership to the prior owner.
3673 (4) Such other mitigating circumstances as may be approved
3674 by the city attorney or designee.
101
LEGISLATIVE DRAFT
3675 b. If the hearing officer finds that the noticed violation occurred and
3676 no applicable defense applies, the hearing officer may, in the interest of justice
3677 and on behalf of the city, enter into an agreement for the delayed or periodic
3678 payment of the applicable fine.
3679 c. Once a payment schedule has been developed by the hearing
3680 officer, and agreed to by the person cited, failure to submit any two (2) payments
3681 as scheduled will require payment of the entire amount of the original fine
3682 immediately.
3683
3684 18.50.110: APPEALSLATE PROCESS DETAILS:
3685 A. Filing Oof Appeals: Appeals of enforcement of this chapter shall be taken in
3686 accordance with Chapter 18.12.submitted on an appeal form provided by the building official.
3687 The appellant shall state the specific order or action protested and a statement of the relief
3688 sought, along with the reasons why the order or action should be reversed, modified or otherwise
3689 set aside.
3690 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
3691 provisions of this section shall constitute a waiver of the person's right to an appeal.
3692 B.C. Inspection Oof Tthe Premises: Before any hearing is held by the board of appeals
3693 and examiners the board maya HAAB panel, the panel shall inspect the building or premises
3694 involved. Prior notice of such inspection shall be given to the responsiblenotified party filing the
3695 appeal, who may be present at such inspection. Upon completion of the inspection, the
3696 chairperson of the panel shall state for the record the material facts observed at the inspection,
3697 which facts shall be read at the initiation of the hearing. Failure of the responsiblenotified party
3698 to provide access without good cause as determined by the building official shall not constitute a
3699 reason for the hearing to be postponed and the appeal denied.
3700 D. Written Notice: Written notice of the time and place of panel hearings shall be
3701 mailed to the appellant in accordance with procedures adopted by HAAB.
3702 E. Appeals Hearing: Any notified party may appear personally or authorize a
3703 designee to act in their behalf. The city and any notified party may call and examine witnesses on
3704 any relevant matter, introduce documentary and physical evidence, and cross examine opposing
3705 witnesses. Any relevant evidence shall be admitted.
3706 F. Record: A record of the entire proceeding of all appellate hearings under this
3707 section shall be made by tape recording, or by any other means of permanent recording
3708 determined to be appropriate by HAAB. The record shall be retained on file in accordance with
3709 the city's record retention schedule.
3710
3711 18.50.120: RESERVEDADMINISTRATIVE HEARING OFFICER PROCEDURES:
102
LEGISLATIVE DRAFT
3712 A. The administrative hearing officer shall hear cases deemed to be of substandard
3713 condition or minor deficiency situations. Review by the administrative hearing officer is not a
3714 provision of hazardous condition appeals, which go directly before a HAAB panel.
3715 B. Each appeal shall first be reviewed by the administrative hearing officer no later
3716 than thirty (30) days from the date of filing of a written appeal.
3717 C. The administrative hearing officer shall inspect the property and review the notice
3718 and order to determine if it is accurate and attempt to develop, in consultation with the appellant,
3719 possible methods of complying with the code consistent with the purposes of this chapter. The
3720 administrative hearing officer may prepare a stipulated agreement for signature by the appellant
3721 and the city.
3722 D. The administrative hearing officer shall maintain complete and permanent records
3723 of all inspections and decisions. Resolutions of disputed issues, agreeable to the administrative
3724 hearing officer and the property owner, shall be presented at the next meeting of HAAB for its
3725 consent or modification.
3726
3727 18.50.130: APPROVAL FOR OCCUPANCY:
3728 Following the correction of the deficiencies and prior to persons reoccupying any residential
3729 building or dwelling unit after it has been closed to occupancy, the building
3730 officialhousing/zoning officer shall issue an approval for occupancy. If a notice of deficiency has
3731 been filed with the Salt Lake County recorder's office pursuant to section 18.50.100 of this
3732 chapter, a release of the notice shall be recorded with that office.
3733
3734 18.50.140: EXTERIOR STANDARDS:
3735 A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
3736 structural components shall be repaired when they no longer retain their structural integrity.
3737 Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
3738 B. Exterior Surfaces: Exposed materials that require weather protection and exterior
3739 surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
3740 wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
3741 C. Drainage: All surface water shall drain away from the structure andunless any
3742 potential adverse effect of the runoff shall beis mitigated to the reasonable satisfaction of the
3743 building official.
3744 D. Windows Aand Doors: Windows that are required by this chapter for light and
3745 ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
3746 egress standards may be sealed with opaque materials or removed. Broken or missing doors,
3747 door frames, windows, and window sashes shall be replaced or repaired.
3748 E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
3749 shall be maintained in good repair and be properly anchored.
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LEGISLATIVE DRAFT
3750 F. House Addressing: All residential buildings shall display a street number in a
3751 prominent location on the street side of the building in such a position that the number is easily
3752 visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
3753 adopted in Section 18.04.040no less than three inches (3") in height and shall be of a contrasting
3754 color to the background to which they are attached. Each individual unit within any multiple-
3755 family structure shall display a prominent identification number, not less than two inches (2") in
3756 height, which is easily visible.
3757 G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
3758 and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
3759 conditions.
3760
3761 18.50.150: INTERIOR STANDARDS:
3762 A. Showers/Tubs: Showers shall be finished to a height of seventy70 inches (70")
3763 above the fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers
3764 may utilize a shower curtain that totally encloses all sides of the tub.
3765 B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
3766 substantially intact manner. This standard does not apply to area or throw rugs within dwelling
3767 units.
3768 C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
3769 secure and intact. Surfaces shall be painted or covered with wallpaper or panelling.
3770 D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
3771 and SROs, floors and walls within fifteen15 inches (15") of sinks, bidets, showers, toilets, and
3772 tubs shall be finished with a nonporous material that is not adversely affected by moisture.
3773 E. Operable Fixtures Aand Equipment: All fixtures, appliances, and equipment
3774 required by this code shall be maintained in safe and operable condition.
3775
3776 18.50.160: DOORS, TRIM AND HARDWARE:
3777 A. All doors, trim and hardware shall be kept in good working condition.
3778 B. Exterior doors which are required for ingress and egress shall have locks which
3779 are keyed from the exterior and are operable from the interior without the use of a key or other
3780 special equipment or knowledge. Original locks in historic buildings are not required to be
3781 replaced if in good working condition.
3782 C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
3783 a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
3784 pins.
3785
3786 18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
104
LEGISLATIVE DRAFT
3787 A. All premises shall be maintained clean, safe, sanitary and free from an
3788 accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
3789 exterior property which such occupant occupies, controls or uses in a clean and sanitary
3790 condition. Every owner of a structure containing a boarding and rooming house, fraternity and
3791 sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
3792 sanitary condition, the shared or public areas of the structure and exterior property.
3793 B. Garbage and refuse storage and removal shall meet the requirements of the Salt
3794 Lake CountyValley health department regulations.
3795 C. There shall be no insect or rodent infestation in violation of the Salt Lake
3796 CountyValley health department regulations.
3797 D. Asbestos, regardless of the date of installation, shall meet the requirements of the
3798 Salt Lake CountyValley health department regulations.
3799 E. A room in which a toilet is located shall be separated from food preparation or
3800 storage rooms by a tightfitting door.
3801
3802 18.50.180: SPACE AND OCCUPANCY STANDARDS:
3803 A. Ceiling Heights:
3804 1. Habitable Rooms: The minimum ceiling height for all habitable rooms
3805 shall be as set forth in the construction codes adopted in Section 18.04.040seven feet six
3806 inches (7'6"), except for kitchens, which may be seven feet zero inches (7'0"). This height
3807 may be six6 feet four4 inches (6'4") when the requirements of this chapter for emergency
3808 egress, light and ventilation are met and a one hundred twenty (120) volt electrical
3809 powered smoke detector and carbon monoxide detector areis installed pursuant to the
3810 construction codes adopted in Section 18.04.040in the room. The only exception is that a
3811 smoke detector is not required in a kitchen. ProjectionsObstructions shall be allowed to
3812 six5 feet 10zero inches (6'0") when the projectionobstruction is not in the pattern of
3813 circulation and projectionsobstructions are not greater than twenty percent (20%) of the
3814 floor area of the room.
3815 2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
3816 bathrooms, shall have no minimum ceiling height requirement.
3817 3. Bathrooms Aand Toilet Rooms: Bathrooms and toilet rooms shall have a
3818 minimum ceiling height of six6 feet 0zero inches (6'0") with no projections below the six
3819 foot (6') minimum. Obstructions shall be allowed to 5 feet 10 inches. The bathroom
3820 ceiling height at the back of a sink, toilet or tub without shower may be sloped to a
3821 minimum height of 5five feet 0zero inches (5'0") at the wall when the ceiling height is no
3822 less than 6six feet 0zero inches (6'0") at a point 2two feet 0zero inches (2'0") from the
3823 wall adjacent to the bathroom plumbing fixture.
3824 4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
3825 (1/2) the floor area shall have a minimum ceiling height as required by this section. No
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LEGISLATIVE DRAFT
3826 portion of the room with a ceiling height below 5five feet 0zero inches (5'0") may be
3827 used in the floor area computation.
3828 5. Corridors: A minimum ceiling height of six6 feet 4 inches (6'4") shall be
3829 required in corridors so long as there are a smoke detector and carbon monoxide detector
3830 installed pursuant to the construction codes adopted in Section 18.04.040. Obstructions
3831 shall be allowed to 5 feet 10 inches when the obstruction is not in the pattern of
3832 circulation and obstructions are not greater than 20% of the floor area of the corridor.
3833 B. Room Aand Corridor Size:
3834 1. Floor Area Aand Room Dimensions: Floor area and room dimensions
3835 shall be as set forth in the construction codes adopted in Section 18.04.040.Dwelling
3836 units shall have at least one habitable room with not less than one hundred twenty (120)
3837 square feet of floor area. Habitable rooms other than a kitchen shall have an area not less
3838 than seventy (70) square feet and shall not be less than seven feet (7') in length or width.
3839 2. Sleeping Room Dimensions: Every room used for sleeping shall have at
3840 least seventy (70) square feet of floor area equal to the amounts required by the
3841 construction codes adopted pursuant to Section 18.04.040. Where more than two (2)
3842 persons occupy a room used for sleeping, the required floor area shall be increased at the
3843 rate of fifty (50) square feet for each occupant in excess of two (2).
3844 3. Corridors: The minimum width of corridors shall be 36thirty six inches
3845 (36"). In dwelling units constructed prior to 1983, a minimum corridor width of 28thirty
3846 inches (30") shall be permitted.
3847 C. Special Dwellings:
3848 1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
3849 a. Have a living room of at least one hundred ninety (190) square feet
3850 of floor area equal to the amounts required by the construction codes adopted
3851 pursuant to Section 18.04.040. An additional one hundred (100) square feet of
3852 floor area shall be provided for each occupant in excess of two (2);
3853 b. Have a closet;
3854 c. Have a kitchen sink and cooking and refrigeration facilities, each
3855 having a clear working space of at least thirty30 inches (30") in front of the
3856 fixture or appliance;
3857 d. Have a bathroom containing a toilet, sink and bathtub or shower.
3858 2. Congregate Housing: Except for Shared Housing as defined in Title 21A,
3859 Iindividual units in congregate housing shall have at least one room with not less than
3860 seventy (70) square feet of floor area per occupant. When individual rooms are less than
3861 one hundred twenty (120) square feet, a separate common room shall be provided of at
3862 least one hundred twenty (120) square feet for each ten (10) units, with a minimum of
3863 one common room per floor. When separate rooms are not provided with cooking
106
LEGISLATIVE DRAFT
3864 facilities, the common room may be a common kitchen with a floor area as defined by the
3865 floor area computation.
3866 D. Cooking Facilities:
3867 1. Cooking Facilities Iin Dwelling Units: Each dwelling unit shall have a
3868 kitchen that supplies:
3869 a. A range with stove top and oven, or in the alternative, a
3870 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3871 considered as cooking facilities. All cooking appliances shall be maintained in
3872 good working condition.
3873 b. An approved sink, with a minimum dimension of twelve12 inches
3874 by twelve12 inches by four4 inches (12" x 12" x 4") deep.
3875 c. A minimum of four (4) square feet of counter space.
3876 d. A refrigerator.
3877 2. Cooking Facilities Ffor Individual Units Iin Congregate Housing: As long
3878 as such cooking facilities do not encroach into the required floor area, required cooking
3879 facilities may be supplied in individual units, provided all of the following items are
3880 supplied:
3881 a. A range with stove top and oven, or in the alternative, a
3882 nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
3883 considered as cooking facilities and are not allowed. Portable cooking devices are
3884 not allowed in individual rooms;
3885 b. An approved sink, with a minimum dimension of twelve12 inches
3886 by twelve12 inches by four4 inches (12" x 12" x 4") deep;
3887 c. A minimum of four (4) square feet of counter space;
3888 d. A refrigerator.
3889 3. Common Kitchens Iin Congregate Housing: When cooking facilities are
3890 not provided within individual units, congregate housing shall have a common kitchen
3891 area which shall contain the following minimum facilities: a sink for each twenty (20)
3892 tenants or portion thereof, a range for each twenty (20) tenants or portion thereof, and a
3893 refrigerator for each ten (10) tenants or portion thereof. The minimum kitchen area shall
3894 be one hundred twenty (120) square feet based on the floor area computation for the first
3895 ten (10) occupants or portion thereof, and an additional thirty (30) square feet for each
3896 additional ten (10) persons or portion thereof.
3897 E. Window Size Alterations: When window size modifications are necessary to meet
3898 light, ventilation or emergency egress, the window shall meet the most currently adopted
3899 uniform building code standard.
107
LEGISLATIVE DRAFT
3900 18.50.190: LIGHT AND VENTILATION:
3901 A. Natural Light Iin Habitable Rooms:
3902 1. Every habitable room shall have at least one window facing directly to the
3903 outdoors to provide natural light. The minimum total window area shall equal one-
3904 twentieth (1/20th) or more of the floor area of the room, with a minimum of three and
3905 one-half (3 and 1/2) square feet. Special purpose rooms such as home theaters and film
3906 processing rooms shall not be subject to this requirement. Kitchens may be provided with
3907 artificial light, which shall be a minimum of 1.5 watts incandescent or 0.8 watts
3908 fluorescent per square foot of the room.
3909 2. The glazed area of an exterior door may be used for purposes of
3910 computing window size for natural light.
3911 3. For the purpose of meeting light or ventilation requirements, as well as
3912 emergency egress, a room may be considered as a portion of an adjoining room when
3913 one-half (1/2) of the area of the common wall is open and unobstructed and provides an
3914 opening of not less than one-tenth (1/10) of the floor area of the interior room or twenty
3915 five (25) square feet, whichever is greater.
3916 B. Ventilation:
3917 1. Habitable Rooms:
3918 a. Except as provided in subsection B1b of this section, all habitable
3919 rooms shall be provided with natural ventilation by means of openings to the
3920 exterior which have the capability of being closed to the weather. Total openings
3921 shall have an area at least one-twentieth (1/20) of the floor area of the room or
3922 three and one-half (3 and 1/2) square feet, whichever is greater.
3923 b. A mechanical ventilation system shall be allowed in lieu of
3924 openings for natural ventilation. Such system shall create a positive pressure in
3925 the room and the air intake shall be connected directly to the outside and be
3926 capable of two (2) air exchanges per hour. In kitchens, the ventilation system may
3927 create negative pressure. The air intake/exhaust source shall be located at least
3928 three3 feet (3') above any opening which is within ten10 feet (10') of the air
3929 intake/exhaust.
3930 c. Exterior doors may be used to meet natural ventilation
3931 requirements.
3932 2. Bathrooms, Laundry Rooms, Aand Oother Nonhabitable Areas:
3933 a. Except as provided in subsection B2b of this section, all bathrooms
3934 and laundry rooms shall be provided with natural ventilation by means of
3935 openings to the exterior which have the capability of being closed to the weather.
3936 Such openings shall have a total area not less than one-twentieth (1/20) of the
3937 floor area of the room, with a minimum of one and one-half (1 and 1/2) square
3938 feet.
108
LEGISLATIVE DRAFT
3939 b. A mechanical exhaust system connected directly to the outside
3940 shall be allowed in lieu of natural ventilation. The system shall be capable of
3941 providing five (5) air exchanges per hour. The exhaust air shall discharge at least
3942 three3 feet (3') above or ten10 feet (10') away from any air intake source. Toilet
3943 rooms may be ventilated with an approved recirculation fan or similar device
3944 designed to remove odors from the air.
3945 c. Mechanical or convection venting of bathrooms into the attic shall
3946 be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
3947 with tubs or showers shall have a convection or mechanical exhaust system.
3948 d. Bathrooms constructed prior to 1970, which are vented with
3949 convection vent openings extending to the outside shall meet the ventilation
3950 requirement as long as the walls, ceiling and floor are not adversely affected by
3951 moisture.
3952
3953 18.50.200: FIRE SAFETY; EGRESS:
3954 A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
3955 any building, premises, equipment or apparatus.
3956 B. Exit Aand Emergency Egress:
3957 1. Every existing dwelling unit shall have a safe, continuous and
3958 unobstructed means of egress of a minimum ceiling height of six6 feet four4 inches (6'4")
3959 and a minimum egress width of 28 inches as per this code. Obstructions shall be allowed
3960 to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
3961 obstructions are not greater than 20% of the floor area of the exitway. The exitway shall
3962 be kept in a proper state of repair and maintained free of hazardous conditions and
3963 obstructions.
3964 2. Every sleeping room located below the fourth story shall have at least one
3965 openable window or exterior door approved for emergency egress or rescue. Every egress
3966 window shall comply with the construction codes adopted in Section 18.04.040, unless
3967 the size of the opening under such codes is not feasible then tThe opening shall have a
3968 minimum of three and one-half (3 and 1/2) square feet of openable space and clear
3969 opening dimensions of at least twenty20 inches (20") in one dimension and twenty four
3970 24 inches (24") in the other dimension. The escape window must open directly into a
3971 yard or exit court, or into a public street or alley. When windows are provided as a means
3972 of emergency egress or rescue, they shall have a finished sill height of not more than
3973 forty eight48 inches (48"). If the distance from the floor to the windowsill is more than
3974 forty eight48 inches (48"), a permanent ladder or platform attached to the wall or floor
3975 may be installed to meet the maximum height requirement. The ladder or platform must
3976 be approved by the city.
3977 a. Exception 1. Where two (2) approved emergency exit doors
3978 leading from the sleeping room to separate exitways exist and minimum light and
3979 ventilation requirements are met, this subsection does not apply. Emergency exit
109
LEGISLATIVE DRAFT
3980 doors shall open directly to a yard or court, or may exit through no more than one
3981 adjoining room which has a door that leads directly to a yard or court.
3982 b. Exception 2. Where minimum light and ventilation and emergency
3983 egress requirements are met, there is no minimum sill height requirement in
3984 sleeping rooms of dwelling units constructed before 1968, which has not been
3985 altered from the original construction.
3986 c. Exception 3. Sleeping rooms that fail to meet the sill height,
3987 window size or net openable area for the emergency egress provisions of this code
3988 may have their emergency egress deficiencies remedied, provided the rooms meet
3989 the required natural light and ventilation requirements of the housing code, by the
3990 installation of a smoke detector in each of the deficient sleeping rooms and in the
3991 hall or space immediately adjacent to and leading into the sleeping room or area.
3992 The smoke detectors shall be wired directly to the house electrical system and be
3993 provided with a battery backup.
3994 3. For windows that are below grade, a window well shall run parallel to the
3995 width of the window and extend at least eighteen18 inches (18") out from the exterior
3996 face of the building. When the distance from the top of the window well to its bottom
3997 exceeds forty eight48 inches (48"), it shall be equipped with an approved permanently
3998 affixed ladder or stairs that are accessible with the window in the fully open position.
3999 Grates are permitted over window wells when hinged away from the structure and not
4000 weighing over fifteen (15) pounds per section of the grate.
4001 4. Bars, grills, grates or similar devices may be installed on emergency
4002 escapes or rescue windows or doors, provided such devices are equipped with approved
4003 release mechanisms which are operable from the inside of the grate without the use of a
4004 key or special knowledge or effort.
4005 C. Stairs Aand Handrails: Stairs and rails shall meet the requirements of the means
4006 of egress section of the applicable adopted state construction codeUBC or its successor with the
4007 following modifications:
4008 1. If there are four (4) or more risers, a handrail shall be required. Two (2)
4009 handrails shall be required when the width of the stairs is forty eight48 inches (48") or
4010 more. Stairways less than forty eight48 inches (48") in width or stairways serving one
4011 individual dwelling unit in group R, division 1 or 3 occupancy, or a group R, division 3
4012 congregate residence may have one handrail. Handrails are not required for monumental
4013 stairs.
4014 2. Handrails shall be placed not less than thirty30 inches (30") nor more than
4015 thirty eight38 inches (38") above the outermost edge of the tread. Handrails for existing
4016 stairs are not required to extend beyond the top or bottom stair tread.
4017 3. Stairs shall have a maximum riser height of eight9 inches (8") and a
4018 minimum step run of 8nine inches (9"). Existing stair flights may have a maximum
4019 variation in rise and run of two2 inches (2") at the top and bottom of the flight. A
4020 maximum of one1 inch (1") variation of rise and run shall be allowed for all intermediate
110
LEGISLATIVE DRAFT
4021 risers and treads. Stairs shall be level and shall comply with life safety standards as
4022 defined herein.
4023 4. Windinger, circular and spiral stairs may run to narrow to a point. The run
4024 shall measure 8 inches (12 inches from the narrow point)shall comply with the UBC.
4025 5. There shall be no minimum rise or run requirement nor maximum
4026 variation in the rise and run for stairs leading only to mechanical, storage, utility, and
4027 nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
4028 units provided the stairs are structurally sound.
4029 6. Steps shall be maintained in a safe manner. Missing steps, steps which are
4030 deteriorated to the point that a foothold is difficult to maintain, staircases which have
4031 missing boards, and/or staircases which contain boards that have lost their structural
4032 integrity shall be repaired to a safe condition.
4033 7. Interior and exterior stairs shall have a minimum headroom height of six6
4034 feet four4 inches (6'4") so long as there are electrical powered smoke detectors installed
4035 pursuant to the construction codes adopted in Section 18.04.040, except for stairs to
4036 mechanical or storage rooms, utility and nonhabitable rooms in any residential structure
4037 and laundry rooms in individual dwelling units, which have no minimum headroom
4038 height. Within stairways obstructions shall be allowed to 5 feet 10 inches when the
4039 obstruction is not in the pattern of circulation and obstructions are not greater than 20%
4040 of the floor area of the stairway.
4041 8. Stairs in the interior or exterior of an existing building where stair jacks
4042 are replaced or more than fifty percent (50%) of the tread or risers are replaced shall meet
4043 the requirements of the applicable adopted state construction codeUBC, except that the
4044 minimum stair width shall be thirty inches (30") and the minimum headroom height shall
4045 be fivesix feet four inches (6'4").
4046 9. If because of the configuration of the horizontal and vertical distances an
4047 alternate stair configuration is more practical than the UBC requirement, or if HAAB
4048 finds that the stair rhythm is safe, HAAB may allow other configurations which are less
4049 uniform but achieve comparable safety, regardless of subsections C3 and C4 of this
4050 section.
4051 9.10. A stair tread, stair support, stair riser, landing or railing which is either
4052 missing or so severely in disrepair or damaged that it cannot support its intended live and
4053 dead loads shall be repaired.
4054 10.11. Interior stair landings shall have a minimum width of 28thirty inches (30")
4055 and a minimum length in the direction of travel of thirty30 inches (30").
4056 D. Guardrails:
4057 1. Guardrails shall be required for all balconies, porches, patios and open
4058 stairs more than thirty30 inches (30") above or below grade. Guardrails shall also be
4059 required for any grade change more than thirty30 inches (30") next to a walking surface.
4060 Guardrails shall not be less than forty two42 inches (42") in height, except for guardrails
111
LEGISLATIVE DRAFT
4061 serving private dwelling units, which shall have a minimum height of thirty six36 inches
4062 (36"). Guardrails may have a minimum height of thirty six36 inches (36") if the building
4063 was built before 1970. Guardrails having a height less than thirty six36 inches (36") shall
4064 be allowed if they were installed as part of the building's original construction and are not
4065 a replacement. For structures which are on the historic register or are contributory
4066 structures located within one of the city's historic districts, height of existing and
4067 replacement guardrails may be determined based upon standards adopted by the city's
4068 historic landmark committee.
4069 2. Guardrails shall have intermediate rails or an ornamental pattern such that
4070 there is no open area in excess of four4 inches (4") in diameter. The diameter of such
4071 open space may be nine9 inches (9") for buildings built before 1985, and six6 inches (6")
4072 for those built between 1985 and 1991.
4073 E. Smoke Detector Requirements:
4074 1. When smoke detectors are required in dwelling units by the applicable
4075 adopted state construction codeUBC, the detectors shall be mounted on the ceiling or
4076 wall at a point centrally located in the hallway or area giving access to rooms used for
4077 sleeping. In efficiency dwelling units, the detector shall be centrally located on the ceiling
4078 or wall of the main room or sleeping room.
4079 2. Where sleeping rooms are on an upper level, the detector shall be placed at
4080 the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
4081 mounted detectors shall be a minimum of four4 inches (4") and maximum of twelve12
4082 inches (12") from the ceiling, but no detector shall be mounted within twelve12 inches
4083 (12") of any corner formed by the meeting of walls, ceilings or beams unless
4084 manufacturer's listing specifies otherwise. When activated, the detector shall provide an
4085 alarm in the dwelling unit.
4086 3. When one or more sleeping rooms are added to or created within a
4087 structure, smoke detectors shall be installed in compliance with the manufacturer's listing
4088 and shall receive their primary power from the building wiring in compliance with the
4089 applicable adopted state construction codeUBC.
4090 4. All habitable rooms having a ceiling height of less than seven7 feet six6
4091 inches (7'6") shall have installed a one hundred twenty (120) volt electrical powered
4092 smoke detector.
4093 F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
4094 other and from hazardous uses shall be maintained in their original condition with all
4095 penetrations sealed or covered with an approved material. These separations include walls and
4096 ceilings separating a garage from a dwelling unit or common area and walls and ceilings
4097 separating furnace rooms in structures containing three (3) or more dwelling units. When fifty
4098 percent (50%) or more of a wall or ceiling is removed for any reason, the entire wall or ceiling
4099 shall be reconstructed to meet the requirements of the applicable adopted state construction
4100 codeUBC for one hour occupancy separation.
112
LEGISLATIVE DRAFT
4101 18.50.210: PLUMBING:
4102 A. Minimum Requirements:
4103 1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
4104 shall be in accordance with the code in effect at the time of installation.
4105 2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
4106 in good condition. All waste lines shall be connected to an approved sewer system.
4107 3. The minimum plumbing fixtures required for dwelling units are a
4108 bathroom sink, toilet, tub or shower, and kitchen sink.
4109 4. Cold running water shall be plumbed to each toilet. Hot water shall be
4110 supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
4111 culinary purposesand cold running water plumbed to each bathroom sink, tub, shower
4112 and kitchen sink.
4113 5. Every sink, tub and shower shall be provided with hot water of at least one
4114 hundred ten degrees Fahrenheit (110°F) and with cold water.
4115 65. A space without obstruction from floor to ceiling of not less than twelve12
4116 inches (12") shall be in front of all toilets. Toilets shall be located in a space without
4117 obstruction from floor to ceiling of not less than twenty two22 inches (22") in width. No
4118 encroachments of these dimensions are permitted.
4119 76. Where vents do not exist for plumbing fixtures meeting the applicable
4120 codes in effect at the time of their installation, vents need not be installed when the
4121 plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
4122 B. Water Heaters: Water heaters shall comply with the construction codes adopted in
4123 Section 18.04.040 or the construction code in effect at the time of installationand boilers shall
4124 have a listed combination temperature and pressure relief valve and relief valve discharge pipe.
4125 All new installations of water heaters and boilers, when located above a finished space, shall
4126 include a safe pan with an UPC approved drain piped to an approved drainage system. Existing
4127 water heaters and boilers shall have a temperature and pressure relief valve. The valve shall have
4128 a listed discharge pipe which discharges no nearer than six inches (6") to the floor and no further
4129 than two feet (2') from the floor. A temperature and pressure relief valve shall be required for
4130 water heaters only when a water heater was designed for such valve.
4131 C. Cross Connections: In order to protect against contamination of the water supply
4132 through cross connections, all water inlets for plumbing fixtures shall be located above the flood
4133 level rim of the fixture as defined in the UPC. Hoses or handheld shower heads shall not be
4134 attached in any manner that would permit water contamination during reverse pressure. Water
4135 supply pipes provided with an approved backflow preventer or antisiphon device as regulated in
4136 the UPC shall be permitted. Handheld shower heads shall be permitted when provided with a
4137 permanently mounted holder attached to the wall or shower pipe, or when an antisiphon device is
4138 installed. Water faucet outlets below the overflow rim of the fixture shall be permitted until the
4139 faucet is replaced. A new fixture shall not be installed where it would create a cross connection.
113
LEGISLATIVE DRAFT
4140 D. Drains:
4141 1. Drain traps shall meet standards of the applicable adopted state
4142 construction codeUPC. Existing traps shall be allowed as originally designed. If the trap
4143 has been modified it shall be replaced with an approved trap, and a vent shall be added as
4144 required by the applicable adopted state construction codeUPC.
4145 2. All open entrapped sewer lines and outlets shall be capped with an
4146 approved cap.
4147 E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
4148 provided with the minimum water pressure and quantities required by the codes adopted
4149 pursuant to Section 18.04.040a minimum of fifteen (15) psi of water pressure.
4150 F. Bathrooms Iin Rental Dwelling Units: Each rental dwelling unit shall have a
4151 bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
4152 be in a room which will afford privacy to the occupant.
4153 G. Congregate Housing:
4154 1. The minimum plumbing fixtures required for congregate housing are a
4155 sink, toilet, and tub or shower for each ten (10) occupants or portion thereof and a kitchen
4156 sink. Bathrooms shall have installed a door with privacy lock.
4157 2. Congregate housing that does not provide private toilets, sinks, bathtubs or
4158 showers shall have on each floor, accessible from a public corridor, at least one toilet, one
4159 sink, and one bathtub with shower or one separate shower for each ten (10) occupants or
4160 portion thereof. For each additional ten (10) occupants, or portion thereof, an additional
4161 one toilet, one sink and one bathtub or shower accessible from a public corridor shall be
4162 provided.
4163
4164 18.50.220: MECHANICAL:
4165 A. Mechanical Equipment:
4166 1. Existing Installations: Mechanical systems lawfully in existence at the
4167 time of the adoption of this code may have their use, maintenance or repair continued if
4168 the use, maintenance or repair is in accordance with the original design and location and
4169 no hazard to life, health or property has been created by such mechanical system.
4170 2. Compliance: All mechanical equipment shall be in accordance with the
4171 code in effect at the time of installation.
4172 3. Maintenance: All mechanical equipment shall be properly maintained and
4173 shall be operated in a safe manner.
4174 B. Heating:
4175 1. Temperature: Heating shall be provided by a permanently installed heating
4176 system capable of heating all habitable rooms and bathrooms to a minimum of sixty eight
114
LEGISLATIVE DRAFT
4177 degrees (68°), which shall be measured in the center of the room at a height of three3 feet
4178 (3') from the floor.
4179 2. Air Return: A return air duct which serves more than one dwelling unit
4180 shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
4181 may have an existing common air return continued if the furnace was original
4182 installation. Existing common air return installations shall be allowed to continue when a
4183 listed smoke detector fan shutoff is installed in the return air duct of units constructed
4184 before 1985. Common air returns shall not be allowed in buildings constructed after
4185 1985.
4186 3. Fuel Burning Appliances:
4187 a. Except for direct vented appliances, gas furnaces and gas water
4188 heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
4189 only from a bedroom or a bathroom. Existing furnace rooms with access only
4190 through an existing bedroom may continue to exist when a one hundred twenty
4191 (120) volt smoke detector is installed in the bedroom and relayed to a smoke
4192 detector installed in the furnace room. All combustion air is to be supplied from
4193 outside air.
4194 b. Gas shutoff valves are required on all gas appliances. Shutoff
4195 valves shall be installed in accordance with the applicable adopted state
4196 construction codeUMC.
4197 c. All fireplaces, wood burning stoves, and all other appliances
4198 producing combustible gas byproducts shall be connected to an operating
4199 chimney or approved flue. All flues and vents shall be installed in compliance
4200 with EPA requirements and the requirements of the applicable adopted state
4201 construction codeUMC in effect at the time of installation.
4202 d. All fuel burning appliances shall be provided with combustion air
4203 per the requirements of their listing and with the applicable adopted state
4204 construction codeUPC and UMC in effect at the time of their installation.
4205 e. All fuel burning appliances shall be provided with listed clearances
4206 and maintained in good working condition and in accordance with their listing.
4207 f. All ventilation fans shall be installed according to their listing and
4208 maintained in good working condition.
4209 g. All ducts and vents shall be maintained according to original
4210 installation requirements.
4211
4212 18.50.230: ELECTRICAL:
4213 A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
4214 maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
4215 wiring and equipment shall be in accordance with the electrical code in effect at the time of
115
LEGISLATIVE DRAFT
4216 installation. All conductors shall be protected by fuses or circuit breakers that are adequately
4217 sized.
4218 B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
4219 the service and branch circuits shall have adequately sized circuit breakers or fuses.
4220 C. Facilities Required: The following electric facilities must be furnished at a
4221 minimum and must be operable:
4222 1. Service: The minimum main service to any dwelling unit shall be sixty
4223 (60) amperes. Existing dwelling units with electrical services less than sixty (60) amps
4224 per dwelling unit which have no special electrical service loads, such as air conditioners,
4225 ranges, heating units and clothes dryers may continue to be operated without upgrading
4226 the service.
4227 2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
4228 stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
4229 shall not be overfused.
4230 3. Receptacles: Every habitable room shall contain at least two (2) electrical
4231 receptacles or one electrical light fixture and one electrical receptacle. Grounding type
4232 receptacles shall only be used when connected to a grounding system. Existing
4233 nongrounding type receptacles may be replaced with grounding type receptacles where
4234 protected by a ground fault circuit interrupter.
4235 D. Upgrading Facilities:
4236 1. Service: When remodeling work is done, the service must be upgraded if
4237 required by the NEC.
4238 2. Circuits: When new circuits, outlets, switches, wiring and service panels
4239 are being installed, the installation shall meet the requirements of the NEC.
4240 3. Receptacles: Wiring, receptacles and switches may be replaced without
4241 upgrading so long as circuits are not overloaded.
4242 E. Lighting:
4243 1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
4244 room, interior stairway and hall shall contain at least one permanently mounted electric
4245 light fixture.
4246 2. Apartments, SROs Aand Congregate Housing:
4247 a. Lighting in the common areas shall be as follows: Aisles,
4248 passageways, stairwells, corridors, exitways and recesses related to and within the
4249 building complex shall be illuminated with a minimum of a forty (40) watt light
4250 bulb or equivalent for each two hundred (200) square feet of floor area; provided,
4251 that the spacing between lights shall not be greater than thirty30 feet (30').
4252 Structures containing three (3) dwelling units or less shall not be required to
4253 provide exit lighting when no lighting outlet has been previously provided.
116
LEGISLATIVE DRAFT
4254 b. Every furnace room shall contain at least one electric lighting
4255 fixture.
4256 c. Open parking lots and carports shall be provided with a minimum
4257 of one foot-candle of light on the parking surface during the hours of darkness.
4258 Lighting devices shall be protected by weather resistant covers and shall not cast
4259 glare on neighboring properties.
4260 F. General:
4261 1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
4262 covers.
4263 2. Flexible cords, as defined in the NEC, shall be used only according to
4264 their listing and shall not be installed as permanent wiring or strung across exitways.
4265
4266 18.50.240: ENERGY CONSERVATION REQUIREMENTS:
4267 A. Upgrading: Existing residential units shall be upgraded whenever any of the
4268 following events occur:
4269 1. Whenever wallboard, plaster or other finish material is removed which
4270 exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
4271 be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
4272 the space shall be ventilated as per the currently adopted applicable state construction
4273 codeUBC.
4274 2. Where insulation increases the accumulation of snow, and the snow load
4275 capacity of the roof structure is exceeded, the roof members shall be upgraded to
4276 withstand the additional loads.
4277 3. When access is available to foundations of existing structures, foundations
4278 shall be insulated to the standard required by the applicable Utah energy code when
4279 remodeling of the structure is initiated.
4280 4. When boarded structures are renovated for reoccupancy, the structure shall
4281 be insulated to the following standards when wall, ceiling, roof or floor cavities are open
4282 or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
4283 shall have the meaning as defined in the Utah energy code.
4284 5. When new habitable space is created within an existing building envelope,
4285 all such spaces shall be insulated to the current Utah energy code standards.
4286 6. All replacement windows shall be double pane. Replacement glass for
4287 structures which are on the historic register or are contributory structures located within
4288 one of the city's historic districts may be determined based upon standards adopted by the
4289 city's historic landmark committee. Replacement metal windows shall have a thermal
4290 break. Single pane replacement glass may be installed on windows not designed to accept
4291 double pane glass.
117
LEGISLATIVE DRAFT
4292 7. All exterior door replacements shall be weather stripped.
4293 8. New mechanical equipment installed shall meet a minimum of eighty
4294 percent (80%) efficiency.
4295 9. Except for the other applicable requirements of this chapter, when a new
4296 addition is made to an existing residential structure, only the addition shall be made to
4297 comply with current Utah energy code standards.
4298 B. Exterior Door Aand Window Seals:
4299 1. Exterior doors and windows shall be weathertight. If broken, all panes
4300 shall be replaced with glazing in compliance with the applicable adopted state
4301 construction codesUBC.
4302 2. All doors and windows shall be properly caulked and weatherproofed.
4303
4304 SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
4305 18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
4306 hereby repealed in its entirety as follows:
4307 CHAPTER 18.52
4308 MECHANICAL REGULATIONS
4309
4310 18.52.010: DEFINITIONS:
4311 For the purpose of this title:
4312 ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
4313 operate by the use of fuel and/or power and shall include any devices and appurtenances or
4314 appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
4315 burners necessary to the performance of such functions that shall create comfort heating and/or
4316 cooling or power for work services.
4317 MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
4318 cooling, ventilation and refrigeration systems, or energy using equipment.
4319
4320 18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
4321 The edition of the uniform mechanical code, as adopted by the Utah uniform building code
4322 commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
4323 City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
4324 code shall be filed for use and examination by the public in the office of the city recorder.
118
LEGISLATIVE DRAFT
4325 Hereafter all references in this code to the uniform mechanical code shall mean the said edition
4326 adopted by the Utah uniform building code commission.
4327
4328 18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
4329 "Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
4330 Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
4331 and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
4332 out, three (3) copies of which code have been filed for use and examination by the public in the
4333 office of the city recorder.
4334
4335 18.52.050: MECHANICAL PERMIT FEES:
4336 A. Any person desiring a permit required by this code shall, at the time of filing an
4337 application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
4338 city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
4339 shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
4340 specialty item is shown on the Salt Lake City consolidated fee schedule.
4341
4342 SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
4343 18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
4344 hereby repealed in its entirety as follows:
4345 CHAPTER 18.56
4346 PLUMBING REGULATIONS
4347
4348 18.56.010: UNIFORM PLUMBING CODE ADOPTED:
4349 The uniform plumbing code, 1988 edition, published by the International Association Of
4350 Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
4351 filed for use and examination by the public in the office of the city recorder, is hereby adopted,
4352 except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
4353 City.
4354
4355 18.56.020: PLUMBING SYSTEM DEFINED:
4356 "Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
4357 and traps, all drainage and vent pipes, and all building drains and appurtenances within the
4358 property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
119
LEGISLATIVE DRAFT
4359 prevention devices, and b) building sewers and private wastewater disposal systems three feet
4360 (3') or more beyond the outside walls of buildings. Included also are potable water treating or
4361 using equipment and water heaters.
4362
4363 18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
4364 The water supply portion of the plumbing system shall be considered to extend from the meter
4365 box (or the property line in the absence of a meter) to and throughout the building, terminating at
4366 an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
4367 are fire prevention and firefighting piping and equipment.
4368
4369 18.56.040: PLUMBING PERMIT FEES:
4370 A. Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
4371 basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
4372 schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
4373 consolidated fee schedule.
4374 B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
4375 the Salt Lake City consolidated fee schedule.
4376
4377 18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
4378 All single-family residences which have central water heating units shall deliver a minimum
4379 capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
4380 units shall have a central water heating unit which shall deliver a minimum capacity of thirty
4381 (30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
4382 central water heating unit is installed.
4383
4384 18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
4385 After the effective date hereof, no building permits shall be issued for new construction or
4386 remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
4387 or water closets which use more than four (4) gallons of water per flush. Any toilets or water
4388 closets installed prior to said effective date shall meet the standards of this section when
4389 replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
4390 that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
4391 with each flush.
4392
4393 18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
120
LEGISLATIVE DRAFT
4394 After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
4395 watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
4396 with toilets or water closets which meet the standards for new construction or remodeling
4397 specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
4398 as amended.
4399
4400 18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
4401 All floor drains, area drains and indirect waste receptors installed on any floor level other than
4402 slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
4403 inches (36") square of approved material, unless they are part of an original pour of concrete.
4404
4405 18.56.100: SOVENT PLUMBING SYSTEMS:
4406 "Sovent" is an engineered drainage plumbing system that does not meet conventional code
4407 requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
4408 18.56.010 of this chapter, or its successor section. The system is based on the combined
4409 hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
4410 will be allowed for use in the city under the following provisions:
4411 A. Certification: The proprietor(s) of the engineered system shall certify that the
4412 plans meet the design requirements and shall also certify at the completion of the installation that
4413 they have inspected the system and that the system complies with the approved plans;
4414 B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
4415 proposed system before a permit is obtained;
4416 C. Offsets: A double offset shall be installed in the stack on floor levels where no
4417 fixture or branch connections are made;
4418 D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
4419 base of the stack. No branch or fixture connections are permitted on this system downstream
4420 from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
4421 fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
4422 stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
4423 shall be provided with an accessible upper terminal cleanout;
4424 E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
4425 machine, or outlets from grease traps are prohibited in this system;
4426 F. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
4427 Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
4428 five degrees (135°);
4429 G. Conventional Plumbing: Vents from conventional plumbing and pressure
4430 equalizing line vents from a sovent system shall not connect to the sovent stack below other
4431 drainage fittings;
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LEGISLATIVE DRAFT
4432 H. Future Alterations: No alteration may be made without prior written permission
4433 from the division of building and housing services, and no provisions for future openings will be
4434 permitted on this system. This system shall be properly identified on each installation site. All
4435 buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
4436 provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
4437
4438 18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
4439 A. Overflow roof drains shall not be connected to the primary roof drain lines.
4440 B. Overflow roof drains shall drain to a point where they can be easily seen for early
4441 problem detection.
4442 C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
4443 gap on reduced pressure backflow preventer.
4444 D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
4445 first approved by the administrative authority.
4446 E. Trough drains are prohibited unless first approved by the administrative authority.
4447 F. Drainage for gravity dump washers shall be by direct hookup to the building drain
4448 or to a sealed sump connected to the building drain. There shall be a floor drain immediately
4449 downstream of each gravity dump washer hookup.
4450
4451 18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
4452 Any portion of a plumbing system or any construction or work regulated by this title found or
4453 determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
4454 property, is hereby declared to be a public nuisance.
4455
4456 SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
4457 18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
4458 amended as follows:
4459 CHAPTER 18.64
4460 DEMOLITION
4461
4462 18.64.005: PURPOSE AND INTENT:
4463 A. The purpose of the provisions in this chapter is to:
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4464 1. Promote the public welfare by maintaining the integrity and continuity of
4465 the urban fabric and economic vitality;
4466 2. Provide an orderly and predictable process for demolition of buildings and
4467 structures when appropriate;
4468 3. Ensure demolition occurs safely;
4469 4. Protect utilities and other infrastructure from damage during demolition;
4470 5. Provide for enforcement of timely completion of demolition and for
4471 improvement of property following demolition to ensure the site is not detrimental to the
4472 use and enjoyment of surrounding property;
4473 6. Provide for enforcement and maintenance of property to avoid purposeful
4474 demolition by neglect; and
4475 7. Encourage preservation of the city's housing stock where appropriate.
4476 B. A primary intent of the city council with respect to this chapter is to promote
4477 responsible re-use of existing housing stock where practical and provide an orderly process for
4478 demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
4479 finds that it is in the public interest to require existing buildings to be maintained in a manner
4480 that does not constitute a public nuisance until replaced by new construction, except as otherwise
4481 permitted by this code.
4482
4483 18.64.010: PERMIT REQUIRED:
4484 It is unlawful to demolish any building or structure in the city, or cause the same to be
4485 demolished, without first obtaining a permit for demolition of each such building or structure
4486 from the city building official as provided in this chapter.
4487
4488 18.64.020: APPLICATION FOR PERMIT:
4489 To obtain a permit for demolition, an applicant shall submit an application in writing on a form
4490 furnished by the building official for that purpose. Each application shall:
4491 A. Identify and describe the type of work to be performed under the permit;
4492 B. State the address of the structure or building to be demolished;
4493 C. Describe the building or structure to be demolished including the type of use, type
4494 of building construction, size and square footage, number of stories, and number of residential
4495 dwelling units (if any);
4496 D. Indicate the method and location of demolished material disposal;
4497 E. Identify the approximate date of commencement and completion of demolition;
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LEGISLATIVE DRAFT
4498 F. Indicate if fences, barricades, scaffolds or other protections are required by any
4499 city code for the demolition and, if so, their proposed location and compliance;
4500 G. State whether fill material will be required to restore the site to level grade after
4501 demolition and, if required, the approximate amount of fill material;
4502 H. If the building or structure to be demolished contains any dwelling units, state
4503 whether any of the dwelling units are presently occupied; and
4504 I. State the proposed use of the premises following demolition. If new construction
4505 is proposed following demolition, state the anticipated start date and whether any development
4506 applications have been submitted to and/or approved by the city.
4507 J. Affirm that the property will comply with the landscaping requirements for the
4508 zoning district that the property is located in as required under the provisions of Chapter 21A.48.
4509
4510 18.64.030: FEES AND SIGNATURE:
4511 A. The permit application shall be signed by the party or the party's authorized agent
4512 requesting the permit. A signature on the permit application constitutes a certification by the
4513 signee that the information contained in the application is true and correct.
4514 B. The fee for a demolition permit application shall be as shown on the Salt Lake
4515 City consolidated fee schedule.
4516 C. An additional fee for the cost of inspecting the property to determine compliance
4517 with the requirements of this chapter and to assure the property is kept free of weeds and junk
4518 materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
4519
4520 18.64.040: ISSUANCE OF DEMOLITION PERMIT:
4521 A. A demolition permit may be issued only upon completion of an application in
4522 accordance with Section 18.64.020 herein; or the chief building official or fire marshal orders
4523 immediate demolition:
4524 1. Due to an emergency as provided in Chapter 18.64, Article II of this title;
4525 or
4526 2. Because the premises have been damaged beyond repair because of a
4527 natural disaster, fire, or other similar event; or
4528 3. The chief building official or fire marshal authorizes immediate
4529 demolition because clearing of land is necessary to remove a nuisance as defined in this
4530 code or Section 76-10-801 et seq., Utah Code or its successor.
4531 B. If proposed demolition involves a landmark site, a contributing structure, or a
4532 structure located in the H Historic Preservation Overlay District, as provided in Section
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4533 21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
4534 compliance with applicable provisions of that section or its successor.
4535
4536 18.64.045: DEMOLITION BY NEGLECT:
4537 The owner of a boarded building shall maintain the exterior of the building as provided in
4538 Sections 18.48.2535 and 18.50.140, "Exterior Maintenance", of this title or its successor.
4539
4540 18.64.050: RESIDENTIAL DEMOLITION NOTICE
4541 A. If the structure for which a demolition permit is sought contains one or more
4542 dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
4543 official shall cause to be recorded against title to such real property in the official records of Salt
4544 Lake County a notice that contains the following information:
4545 1. Information about the demolished property as required by the city,
4546 including the number of dwelling units and respective number of bedrooms, and the amount of
4547 rent charged in the year prior to the demolition, and the level of affordability if the rent is a
4548 below market rate.
4549 2. Notice that the future development of the property may have specific
4550 development requirements under the City code, including without limitation the city’s
4551 community benefit policies in chapters 19 and 21A.50.050.
4552
4553 18.64.070: PREDEMOLITION SALVAGE PERMITS:
4554 A. A predemolition salvage permit shall be required for removal of doors, windows,
4555 special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
4556 marble, or similar materials on the exterior or interior of any building prior to demolition of the
4557 structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
4558 city approval of:
4559 1. A building permit for new construction on the premises following
4560 demolition, or
4561 2. A demolition permit.
4562 B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
4563 consolidated fee schedule.
4564
4565 18.64.080: EXPIRATION; DILIGENCE:
4566 A demolition permit shall expire forty five (45) calendar days from the date of issuance, unless a
4567 completion date allowing more time is requested and approved by the building official at the
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LEGISLATIVE DRAFT
4568 time of application. A demolition permit may be renewed upon request prior to expiration with
4569 approval of the building official for one-half (1/2) of the original permit fee, provided continuous
4570 progress is being made. If a permit is allowed to expire without prior renewal, any subsequent
4571 request for reinstatement shall be accompanied by a reinstatement fee equal to the original
4572 demolition permit fee.
4573
4574 18.64.090: QUALIFICATIONS TO DO WORK:
4575 A. It shall be unlawful for demolition work permitted under this chapter to be
4576 performed except by a wrecking and demolition contractor having a general contractor or
4577 demolition license in good standing issued by the Division of Occupational and Professional
4578 Licensing in the Utah Department of Commerce.
4579 B. Salvage work under a predemolition salvage permit may be done without a
4580 contractor's license provided all other applicable conditions of this chapter are met.
4581
4582 18.64.100: DEMOLITION REQUIREMENTS:
4583 A. Prior to the commencement of any demolition or moving, the permittee shall plug
4584 all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
4585 excavation shall be covered until such plugging is approved by the department or by the building
4586 official. The permittee shall further ensure all utility services to the structure and/or premises
4587 have been shut off and meters removed prior to commencement of demolition work.
4588 B. When the applicant indicates the demolition will require more than thirty (30)
4589 days to complete, and where required by the building official for the safety of the public, the
4590 applicant shall also provide plans to fence the demolition site so that it is inaccessible to
4591 unauthorized persons in a manner acceptable to the building official. The building official may
4592 waive the fencing requirement if it is determined that fencing would be inappropriate or
4593 unnecessary to protect safety or health.
4594 C. A permit for demolition shall require that all materials comprising part of the
4595 existing structure(s), including the foundation and footings, be removed from the site. Unless
4596 otherwise approved under a building permit for redevelopment of the site, the depression caused
4597 by the removal of such debris shall be filled back and compacted to the original grade, as
4598 approved by the building official, with fill material excluding detrimental amounts of organic
4599 material or large dimension nonorganic material.
4600 D. Permitted demolition work, including filling and leveling back to grade and
4601 removal of required pedestrian walkways and fences, shall be completed within the permit period
4602 unless the building official finds that any part of the foundation of building or site will form an
4603 integral part of a new structure to be erected on the same site for which plans have already been
4604 approved by the building services and licensing division. In such event, the building official may
4605 approve plans for appropriate adjustments to the completion time and may impose reasonable
4606 conditions including the posting of a bond, erection of fences, securing, or similar preventions to
4607 ensure the site does not create a hazard after the demolition is completed.
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4608
4609 18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
4610 Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
4611 Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
4612
4613 18.64.120: VIOLATIONS:
4614 A. It is unlawful for the owner of a building or structure to violate the provisions of
4615 this chapter. Each day a violation occurs shall be a separate offense.
4616 B. Violation of the provisions of this chapter shall be punishable in accordance with
4617 Chapter 18.24is punishable as a class B misdemeanor or by imposing a civil penalty as provided
4618 in Section 21A.20.010 et seq., of this code.
4619
4620 ARTICLE II. EMERGENCY DEMOLITION
4621
4622 18.64.130: PURPOSE:
4623 Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
4624 emergency situation shall be as provided by this article.
4625
4626 18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
4627 A. If the building official determines that the walls or roof of a building or structure
4628 are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
4629 fall on other structures, property, or public rights of way, are a public nuisance, or create a
4630 danger to persons who may enter the property, or create a danger of fire, the building official
4631 may issue an order that the building should be demolished pursuant to this article. A notice and
4632 order reflecting this determination shall be issued and delivered in accordance with Section
4633 18.24.040.
4634 B. If the city’s fire marshal determines that a building or structure that has been
4635 affected by fire presents an impermissible danger to persons who may enter the property, then
4636 the fire marshal may issue an order that the building should be demolished pursuant to this
4637 article. A notice and order reflecting this determination shall be issued and delivered in
4638 accordance with Section 18.24.040.
4639 C. If the building official or fire marshal declares an emergency demolition the
4640 requirements of Section 21A.34.020.F, or its successor, shall not apply.
4641
4642 18.64.150: RESERVEDEMERGENCY DEMOLITION:
127
LEGISLATIVE DRAFT
4643 If the chief building official declares an emergency, the notification and hearing provisions of
4644 section this chapter, or its successor, shall be waived and the building official may authorize
4645 immediate demolition of any structure that meets the standards of Section 18.64.140 of this
4646 chapter or its successor. The chief building official must make an emergency declaration in
4647 writing.
4648
4649 18.64.160: BILL FOR COSTS; COLLECTION:
4650 A. Permitted Recovery of Costs: If the building official or designee causes the
4651 emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
4652 the property owner received at least 10 days’ notice in which to complete demolition and failed
4653 to do so, the division may collect the city’s abatement costs which shall include the cost of the
4654 demolition contractor, costs of any environmental testing or environmental controls over
4655 demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
4656 demolition, by filing a property tax lien, as set forth in this section.Upon the completion of any
4657 city demolition pursuant to this article, the city shall mail a bill to the property owner for the
4658 city's costs of demolition which shall include the cost of the demolition contractor and a
4659 reasonable amount to pay the costs of city personnel involved in the demolition.
4660 B. Itemized Statement of Costs: Upon completion of the demolition work, the
4661 building official or designee shall prepare an itemized statement of costs and mail it to the
4662 property owner by certified mail or using any reputable mail tracking service that is capable of
4663 confirming delivery, demanding payment within 30 days of the date the statement is post
4664 marked.If the bill is not paid within thirty (30) days, the city may take legal action to collect the
4665 bill.
4666 C. Form of Itemized Statement of Costs: The itemized statement of costs shall
4667 include:
4668 1. The address of the property at issue;
4669 2. An itemized list of all expenses incurred by the division, including
4670 administrative costs;
4671 3. A demand for payment;
4672 4. The address where payment is to be made;
4673 5. Notification that failure to timely pay the expenses described in the
4674 itemized statement may result in a lien on the property in accordance with this chapter
4675 and Utah Code Section 10-11-4 or its successor;
4676 6. Notification that the property owner may file a written objection to all or
4677 part of the statement within 20 days of the date the statement is postmarked; and
4678 7. Where the property owner may file the objection, including the name of
4679 the office and the mailing address.
4680 D. Delivery of Statement of Costs: The itemized statement of costs described in
4681 Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
4682 tracking service that is capable of confirming delivery addressed to the last known address of the
4683 property owner, according to the records of the county recorder.
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4684 E. Objection to Statement of Costs: A property owner may appeal the statement of
4685 costs to the fines hearing officer pursuant to Section 18.12.050.
4686 F. Failure to Object or Pay: If the property owner fails to make payment of the
4687 amount set forth in the itemized statement within 30 days of the date of the mailing of that
4688 statement, or to file a timely objection, then the division may certify the past due costs and
4689 expenses to the Salt Lake County Treasurer.
4690 G. Failure to Pay After Objection Hearing: If the property owner files a timely
4691 objection but fails to make payment of any amount ordered by the fines hearing officer, the
4692 inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
4693 H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
4694 Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
4695 the district court, is a lien on the property, and shall be collected by the Salt Lake County
4696 Treasurer at the time of the payment of general taxes.
4697 I. Release of Lien: Upon payment of the amount set forth in the itemized statement
4698 of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
4699 satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
4700 general tax receipt issued by the county.
4701
4702 SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
4703 18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
4704 Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
4705 18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
4706 A. Violations: It is unlawful for any person, firm or corporation to intentionally
4707 perform any act prohibited by this chapter or to intentionally fail to perform any act or comply
4708 with any requirement of this chapter or to aid or abet therein, or to fail or refuse to comply with
4709 any valid order called by the specified officials responsible to administer the provisions of this
4710 chapter. No permits shall be issued to any applicant during the time he/she shall fail to correct
4711 defective work or noncomplying work or violation exists after written notice by the official
4712 responsible for the permit or their designee. Any person, firm or corporation violating any of the
4713 provisions of this chapter shall be deemed guilty of a misdemeanor.
4714 B. Fines And Penalties: Upon conviction for such violations of this chapter, such
4715 party, if a person, shall be punishable as provided in section 1.12.050 of this code, or its
4716 successor. If such party is a corporation, association, partnership or governmental
4717 instrumentality, such party may be subject to a fine not exceeding two thousand dollars
4718 ($2,000.00) and/or imprisonment of not more than six (6) months.
129
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4719 SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
4720 18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
4721 hereby is amended as follows:
4722 CHAPTER 18.76
4723 MOBILE HOME PARKS
4724
4725 18.76.010: DEFINITIONS:
4726 For the purposes of this chapter, the following definitions shall apply:
4727 CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
4728 use by the occupant of the mobile home.
4729 DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
4730 HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
4731 connections required between the mobile home or recreational vehicle utility outlets and inlets
4732 and the park service connections that make the mobile home or recreational vehicle operational.
4733 MOBILE HOME: A factory assembled structure or structures equipped with the necessary
4734 service connections and constructed to be readily mobile as a unit or units on its own running
4735 gear, and designed to be used as a dwelling unit without a permanent foundation.
4736 MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
4737 city planning commission, is used for the accommodation of occupied mobile homes.
4738 MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
4739 the accommodation of one mobile home and its accessory buildings or structures for the
4740 exclusive use of the occupants.
4741 MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
4742 prepared and reserved for the placement of one mobile home.
4743 MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
4744 travel, recreational and vacation use.
4745 PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
4746 other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
4747 mobile home or recreational vehicle site, to the property line connection with the sewer lateral
4748 from the main line sewer.
4749 PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
4750 water supply systems within the park property lines.
4751 PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
4752 extend from the water meter to the mobile home or recreational vehicle water supply system, and
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LEGISLATIVE DRAFT
4753 shall include main and branch service lines, fixtures, devices, piping in service buildings, and
4754 appurtenances thereto.
4755 RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
4756 mobile home or any portion thereof.
4757 RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
4758 as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
4759 or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
4760 camp trailer, a truck camper, or a motor home.
4761 RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
4762 recreational vehicles are parked for temporary use as living quarters.
4763 RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
4764 accommodate one recreational vehicle.
4765 RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
4766 which has been prepared and reserved for the placement of one recreational vehicle.
4767 SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
4768 A. Can operate independent of connections to external sewer, water and electrical
4769 systems; and
4770 B. Has a toilet and holding tank for liquid waste; and
4771 C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
4772 bath facilities connected to the holding tank; provided, however, that all facilities shall be in
4773 sound operating condition, and further provided that it may be connected to external electric,
4774 water and sewer systems.
4775 SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
4776 women and which may also have laundry facilities, flushing rim sink, and other facilities as may
4777 be required by this title, and which shall be apart from the facilities within the mobile home or
4778 recreational vehicle.
4779 SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
4780 the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
4781 system.
4782 SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
4783 ground elevation and terminates at each mobile or recreational vehicle space.
4784 TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
4785 highway movement permit when drawn by a motorized vehicle, and:
4786 A. Designed as a temporary dwelling for travel, recreational and vacation use; and
4787 B. When factory equipped for the road, having a body width of not more than eight8
4788 feet (8') and a body length of not more than thirty two32 feet (32').
131
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4789 WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
4790 connection to the water inlet connection of the mobile home or recreational vehicle.
4791 WATER RISER PIPE: That portion of the park water supply system which extends vertically to
4792 the ground elevation and terminates at a designated point at each mobile home or recreational
4793 vehicle space.
4794
4795 18.76.020: RESERVEDCOMPLIANCE WITH ZONING PROVISIONS:
4796 The appeals hearing officer may permit the use of land in any district for a mobile home park
4797 provided that in all cases there is compliance with the conditions in title 21A of this code. (Ord.
4798 8-12, 2012)
4799
4800 18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
4801 It is unlawful for any person to construct, maintain or operate a mobile home or recreational
4802 vehicle park within the limits of the city unless such person complies with this title and all other
4803 pertinent provisions of this code, and first obtains approval, permits and licenses as required.
4804
4805 18.76.040: RESERVEDEXISTING PARKS:
4806 Mobile home and recreational vehicle parks legally existing at the time of the effective date of
4807 the ordinance codified herein may continue to operate on the same basis as under nonconforming
4808 uses, as set forth in the current Salt Lake City zoning ordinance.
4809
4810 18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
4811 Mobile home park construction permits required by the division shall be issued to properly
4812 licensed contractors as follows:
4813 A. A general building permit fee shown on the Salt Lake City consolidated fee
4814 schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
4815 occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
4816 B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
4817 consolidated fee schedule;
4818 C. The park plumbing system, including sewer and water risers, shall require the fee
4819 shown on the Salt Lake City consolidated fee schedule, for each space;
4820 D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
4821 the regular and normal fee schedule;
4822 E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
4823 Lake City consolidated fee schedule, for each hydrant.
132
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4824
4825 18.76.060: RESERVEDPERMIT REQUIRED BEFORE COMMENCING WORK:
4826 Application for required permits shall be made by a duly licensed contractor and fees paid to the
4827 city treasurer before any work commences. A double fee permit shall be assessed if any work
4828 commences without first obtaining the required permit or permits.
4829
4830 18.76.070: RESERVEDPLANS AND LOT PLACEMENT:
4831 The location of the mobile home lot limits on the grounds shall be the same as shown on the
4832 approved plans. The degree of accuracy obtained by working with a scale on the plan and then a
4833 tape on the ground is acceptable. Mobile home lot markers shall be the responsibility of the
4834 mobile home park operator.
4835
4836 18.76.080: LOT MARKERS:
4837 The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
4838 by permanent flush stakes, markers, or other suitable means.
4839
4840 18.76.090: RESERVEDPERMANENT BUILDING DESIGN AND CONSTRUCTION:
4841 Every building, except a mobile home accessory building, shall be designed and constructed in
4842 accordance with this title.
4843
4844 18.76.100: ADDITIONS AND REMODELING OF PARKS:
4845 Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
4846 addition or remodel conforms to all the provisions of this title.
4847
4848 18.76.110: RESERVEDACCESSORY BUILDINGS; PERMIT AND PLAN
4849 REQUIREMENTS:
4850 Prior to the installation of accessory buildings or structures in a mobile home lot, within a mobile
4851 home park, two (2) copies of a completely dimensioned plot plan drawn to scale and in
4852 accordance with the approved development plan shall be submitted to the division and a permit
4853 obtained. The plot plan shall show the size and location of the mobile home, the identification
4854 number, and the dimensions of the approved lot space, the dimension and location of the
4855 proposed structure, and its dimensional relation to immediate mobile homes and/or structures.
4856
4857 18.76.120: RESERVEDACCESSORY BUILDINGS; CONSTRUCTION STANDARDS:
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LEGISLATIVE DRAFT
4858 A. Standards Applicable: Every accessory building or structure, including, but not
4859 limited to, cabanas, ramadas, awnings, patio covers and carports, shall be constructed in
4860 accordance with the provisions of the latest ANSI standard A119.3. No building nor any portion
4861 of any building shall be supported in any manner by a mobile home.
4862 B. Exception: Roof structures such as patio covers and awnings used as temporary
4863 shelter adjacent to a mobile home may be attached to the side of a mobile home, provided they
4864 project not more than ten feet (10') from the side of the mobile home and have at least the upper
4865 one-half (1/2) of the perimeter open or screened, with the remaining construction of nonbearing
4866 enclosing walls.
4867
4868 18.76.130: RESERVEDCARPORTS, RAMADAS AND COVERED PATIOS:
4869 Attached carports or ramadas shall be completely open except for necessary structural supports.
4870 Covered patios and similar structures may be enclosed, provided the construction conforms to
4871 the requirements of the latest ANSI standard A119.3, except as provided in this title.
4872
4873 18.76.140: RESERVEDRECREATIONAL VEHICLE AREA APPROVED WHEN:
4874 Where the mobile home park has direct access to a major highway, the appeals hearing officer
4875 may approve the use of a portion of the park as a recreational vehicle park, provided the same
4876 design standards are maintained.
4877
4878 18.76.150: UNDERGROUNDING OF UTILITIES:
4879 The complete distribution system or collection system of any utility shall be underground.
4880
4881 18.76.160: SEWER CONNECTIONS AND FEES:
4882 All present and normally assessed applicable fees set forth in the Salt Lake City consolidated fee
4883 schedule shall be paid prior to occupancy of any mobile home, including those fees due to the
4884 engineering department for sewer lateral connection from the property line to the sewer main line
4885 in the street.
4886
4887 18.76.170: STREET SURFACING REQUIREMENTS:
4888 All streets shall be provided with a smooth, hard and dense surface which shall be durable and
4889 well drained under normal use and weather conditions. The surface shall be maintained free of
4890 cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
4891 shifting of the base.
134
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4892 18.76.180: STREETLIGHTS:
4893 Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
4894 system. Potentially hazardous locations, such as major street intersections and steps or stepped
4895 ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
4896
4897 18.76.190: LANDSCAPING:
4898 Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
4899 recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
4900 manner as to eliminate dust, weeds, debris and accumulation of rubbish.
4901
4902 18.76.200: UNLAWFUL AND HAZARDOUS USES:
4903 No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
4904 home park a mobile home which is structurally unsound, which constitutes a hazard, or which
4905 does not protect its occupants against the elements. All mobile homes are subject to Chapter
4906 18.50.
4907
4908 18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
4909 Whenever any mobile home is being used contrary to the provisions of this chapter, the division
4910 may pursue such enforcement methods as permitted by this titleorder such use discontinued and
4911 the mobile home to be removed, relocated, or otherwise made to conform with the provisions of
4912 this title by notice served on any person responsible for the illegal use.
4913
4914 18.76.220: ENFORCEMENT OF PROVISIONS:
4915 The division is hereby designated and authorized as the officers charged with the enforcement of
4916 this chapter.
4917
4918 SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
4919 18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
4920 and hereby is repealed in its entirety as follows:
4921
4922 CHAPTER 18.80
4923 PARKING LOT CONSTRUCTION
135
LEGISLATIVE DRAFT
4924
4925 18.80.010: PARKING LOT DEFINED:
4926 "Parking lot" means an open area other than a street used for the parking of more than four (4)
4927 automobiles, and available for public use, whether free, for compensation, or as an
4928 accommodation for clients or customers.
4929
4930 18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
4931 No parking lot or parking area shall be constructed without first obtaining a permit authorizing
4932 such construction. No permit shall be issued without first securing the recommendations of the
4933 city transportation engineer and no permit shall be issued until the applicant has complied with
4934 the provisions of this chapter.
4935
4936 18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
4937 The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
4938 along the street side, to limit points of ingress and egress, to prevent encroachment of parked
4939 vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
4940 bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
4941 the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
4942 or guardrail.
4943
4944 18.80.040: DRIVEWAY RESTRICTIONS:
4945 Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
4946 driveways must be separated by an island at least twelve feet (12') in width; and driveways must
4947 be at least ten feet (10') from the property line of any intersecting street.
4948
4949 18.80.050: BUILDINGS FOR ATTENDANTS:
4950 Attendant buildings must be located far enough from the entrance to prevent congestion at the
4951 sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
4952 neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
4953 or relocating an attendant building, shall secure the approval of the city transportation engineer
4954 and the city planning director.
4955
4956 18.80.060: SURFACING OF PARKING AREA:
4957 Ground surfaces of the parking area shall be paved or hard surfaced.
136
LEGISLATIVE DRAFT
4958 18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
4959 Parking lots which are operated and open to use during the hours of darkness after one hour after
4960 sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
4961 foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
4962 fluorescent light source, but in no event less than 0.2 foot-candle average maintained
4963 illumination on the entire parking lot surface and an average ratio of six to one (6:1).
4964
4965 18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
4966 Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
4967 successor, and before altering or adding to any lighting facilities presently existing, the operator
4968 of a parking lot shall first make application to the building official for a permit, and shall submit
4969 with such application a detailed plan for such facilities. If it shall be found that the installation
4970 will conform to the requirements of this chapter and the electrical code, a permit shall be issued
4971 upon payment of the fee required by the electrical code covering work in commercial and
4972 industrial property.
4973
4974 18.80.090: CAR CAPACITY AND MANEUVERING:
4975 The maximum car capacity indicated on the application shall be reasonable, and the arrangement
4976 of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
4977 parkways, roadways or thoroughfares in conducting parking and unparking operations.
4978
4979 18.80.100: CLEANUP OF WASTE AND LITTER:
4980 Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
4981 lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
4982 from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
4983 clear the parking lot from refuse and waste material once each day.
4984
4985 18.80.110: ENFORCEMENT OF PROVISIONS:
4986 It shall be the duty of the building official to enforce the provisions of this chapter with respect to
4987 lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
4988 chapter as to keeping the premises in a clean condition.
4989
4990 18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
4991 It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
4992 is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
4993 chapter.
137
LEGISLATIVE DRAFT
4994
4995 SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
4996 18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
4997 and hereby is repealed in its entirety as follows:
4998
4999 CHAPTER 18.92
5000 BUILDING CONSERVATION CODE
5001
5002 18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
5003 REFERENCE:
5004 The uniform code for building conservation, 1988 edition, is adopted by the city as the
5005 ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
5006 hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
5007 public in the office of the city recorder.
5008
5009 18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
5010 The exception to section 402(d) of the code is amended to read as follows:
5011 Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
5012 above may be continued when the corridors and common areas are protected with an approved
5013 automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
5014 supply system, provided the system is of adequate pressure, capacity and sizing for the combined
5015 domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
5016 floor or building must be protected with an approved automatic sprinkler system throughout.
5017
5018 18.92.030: SECTION 403 AMENDED:
5019 Section 403 of the code is amended by deleting the following sentence:
5020 Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
5021 capable of resisting the forces and loads specified in chapter 23 of the building code.
5022
5023 18.92.040: EXCEPTION ADDED TO SECTION 606(1):
5024 An exception to section 606(1) is enacted to read as follows:
138
LEGISLATIVE DRAFT
5025 Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
5026 retardant paint or finish when an automatic fire extinguishing system is installed throughout and
5027 the nonconforming materials can be substantiated as historic in character.
5028
5029 SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
5030 18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
5031 and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
5032 CHAPTER 18.94
5033 COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
5034
5035 18.94.010: PURPOSE:
5036 The purpose of this chapter is to promote long-term economic development in Salt Lake City
5037 through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
5038 pollution and greenhouse gas emissions resulting from energy consumption in such buildings
5039 through increased energy efficiency, by requiring certain non-residential buildings to benchmark
5040 and report energy consumption and investigate opportunities to implement cost-effective
5041 building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
5042 cleaner environment and a more efficient use of energy resources.
5043
5044 18.94.020: SCOPE:
5045 The provisions of this chapter apply to buildings and building owners as follows:
5046 A. All buildings owned by the City, that are not used for residential purposes,
5047 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5048 21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
5049 provided, however, no building with less than twenty two thousand (22,000) square feet of gross
5050 floor area shall be subject to the provisions of section 18.94.080 of this chapter.
5051 B. All other governed buildings or campuses of buildings that are not used for
5052 residential purposes within Salt Lake City's geographic boundaries, where at least one of the
5053 buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
5054 To the extent a governed building contains elements or uses that are not included within the
5055 definition of a governed building under this chapter, the square footage of gross floor area of
5056 such elements or uses shall be excluded from the square footage of gross floor area of such
5057 building and shall not be considered a part of the governed building for purposes of this chapter.
5058 C. Exemptions:
139
LEGISLATIVE DRAFT
5059 1. Governed buildings that are new construction and the Certificate of
5060 Occupation was issued less than two (2) years prior to the applicable deadlines; or
5061 2. Governed buildings that do not have a Certificate of Occupation or
5062 temporary Certificate of Occupation for all twelve (12) months of the calendar year being
5063 benchmarked; or
5064 3. Governed buildings where a full demolition permit has been issued for the
5065 prior calendar year, provided that demolition work has commenced, some energy-related
5066 systems have been compromised, and legal occupancy is no longer possible at some point
5067 during the calendar year being benchmarked; or
5068 4. Governed buildings, including individual buildings or structures, that do
5069 not receive utility services; or
5070 5. Any of the following: a property or building that is not assessed ad
5071 valorem real property taxes by Salt Lake County, houses of worship, apartments,
5072 agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
5073 purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
5074 buildings that contain movie/television/radio production studios, soundstages, broadcast
5075 antennae, data center, or trading floor that together exceed ten percent (10%) of gross
5076 floor area.
5077 D. Governed buildings do not include properties owned by State or Federal
5078 government.
5079
5080 18.94.030: DEFINITIONS:
5081 BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
5082 a specific function and that are controlled and operated by the owner or designee, including:
5083 A. The building envelope;
5084 B. The HVAC (heating ventilating and air conditioning) systems;
5085 C. Conveying systems;
5086 D. Electrical and lighting systems;
5087 E. Domestic hot water systems.
5088 BENCHMARK: To track and report the total energy consumed for a governed building for the
5089 previous calendar year and other descriptive information for such building as captured by the
5090 benchmarking tool. Total energy consumption may not include separately metered uses that are
5091 not integral to building operations, such as broadcast antennas and electric vehicle charging
5092 stations.
5093 BENCHMARKING SUBMISSION: A subset of:
5094 A. Information input into the benchmarking tool; and
140
LEGISLATIVE DRAFT
5095 B. Benchmarking information generated by the benchmarking tool.
5096 BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
5097 by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
5098 Director.
5099 BUILDING ID NUMBER: The identification number that is unique to a governed building.
5100 BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
5101 building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
5102 security systems, including an energy management system, incorporating interior temperature
5103 sensors and a central processing unit and controls, which are used to monitor and control gas,
5104 steam and oil usage, as applicable.
5105 CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
5106 least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
5107 cohesive property with a single shared primary function, and are generally owned and operated
5108 by the same party.
5109 CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
5110 wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
5111 21A.62.040 of this Code.
5112 DEPARTMENT: The Salt Lake City Department of Sustainability.
5113 DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
5114 ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
5115 Environmental Protection Agency to track and assess the relative energy performance of
5116 buildings nationwide.
5117 ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
5118 manager tool.
5119 FINANCIAL HARDSHIP: A property that:
5120 A. Had arrears of property taxes or water or wastewater charges that resulted in the
5121 property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
5122 B. Has a court appointed receiver in control of the property due to financial distress;
5123 or
5124 C. Is owned by a financial institution through default by the borrower; or
5125 D. Has been acquired by a deed in lieu of foreclosure; or
5126 E. Has a senior mortgage subject to a notice of default.
5127 GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
5128 commercial use, including:
5129 A. Banking/financial services;
141
LEGISLATIVE DRAFT
5130 B. Stand-alone data centers;
5131 C. Education (including K - 12, daycare, pre- school, vocational school);
5132 D. Entertainment/public assembly (including convention centers, gyms, movie
5133 theaters, performing arts, meeting halls, recreation centers);
5134 E. Food sales and services (including restaurants, supermarkets, grocery stores,
5135 convenience stores);
5136 F. Healthcare (including hospitals, medical offices, senior care communities,
5137 assisted living and nursing care);
5138 G. Lodging (including hotels, motels);
5139 H. Mixed use;
5140 I. Offices;
5141 J. Retail (including retail goods establishments, retail service establishments,
5142 department stores, mass merchandising stores, specialty stores, enclosed retail malls and
5143 shopping centers);
5144 K. Technology/science (including data centers and research facilities);
5145 L. Warehouses, distribution, and package delivery facilities.
5146 GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
5147 of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
5148 porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
5149 and interior connected floor area devoted to accessory uses. Gross floor area does not include
5150 balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
5151 areas, and covered walkways.
5152 HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
5153 OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
5154 OWNER: Any of the following:
5155 A. An individual or entity possessing title to a governed property;
5156 B. The net lessee in the case of a property subject to a triple net lease with a single
5157 tenant;
5158 C. The Board of Managers in the case of a nonresidential condominium;
5159 D. An agent or party duly authorized to act on behalf of the owner.
5160 PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
5161 building management system with analytic models; identifying problematic sensors, controls and
5162 equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
5163 existing buildings.
142
LEGISLATIVE DRAFT
5164 SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
5165 governed buildings with Energy Star scores above 50, and any portions of the submitted
5166 benchmarking information that owner elects to be posted publicly on the department's website.
5167 SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
5168 the benchmarking tool and descriptive information about the governed building and its
5169 operational characteristics, which is submitted to the department. The information shall be
5170 limited to:
5171 A. Descriptive information:
5172 1. Property address;
5173 2. Primary use type;
5174 3. Gross floor area;
5175 B. Output information:
5176 1. Site electricity consumption (kWh);
5177 2. Site natural gas consumption (therms);
5178 3. Site energy use intensity (site EUI);
5179 4. Weather normalized source energy use intensity (source EUI);
5180 5. Total annual greenhouse gas emissions;
5181 6. Water use per gross square foot (if available);
5182 7. The Energy Star score, where available; and
5183 C. Comparable information based on updates/revisions to Energy Star portfolio
5184 manager.
5185 TENANT: A person or entity occupying or holding possession of all or a portion of real
5186 property, or all or a portion of a governed building pursuant to a rental or lease agreement.
5187 TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
5188 evaluates base building systems and identifies improvements to achieve optimal building
5189 performance. This includes planning, investigation, and documentation to optimize operation,
5190 maintenance and performance of the facility and/or its base building systems and assemblies.
5191 TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
5192 demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
5193 incentive program.
5194 TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
5195 provide tune-up evaluation services or who possesses other substantially similar credential to
5196 perform a tune-up evaluation required by this chapter.
143
LEGISLATIVE DRAFT
5197 18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
5198 AND INITIAL COMPLIANCE DATES:
5199
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
5200
5201 18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
5202 A. Governed buildings and City properties shall be benchmarked annually for the
5203 previous calendar year according to the following schedule:
5204 1. Each City property shall be benchmarked no later than May 1, 2018, and
5205 every May 1 thereafter.
5206 2. Each governed building with a gross floor area of fifty thousand (50,000)
5207 square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
5208 thereafter.
5209 3. Each governed building with a gross floor area of twenty five thousand
5210 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
5211 benchmarked no later than May 1, 2020, and every May 1 thereafter.
5212 B. Below is a summary table of the first benchmarking submission compliance dates:
5213
Properties Benchmarking Submission By Building Owner
City property May 1, 2018
144
LEGISLATIVE DRAFT
Governed building (50,000 square feet of gross floor area or larger)May 1, 2019
Governed building (25,000 to 49,999 square feet of gross floor area)May 1, 2020
5215
5216 C. Benchmarking shall be performed and/or verified by the owner.
5217 D. Before making a benchmarking submission the owner shall run all automated data
5218 quality checker functions available within the benchmarking tool, and shall correct all missing or
5219 incorrect information identified.
5220 E. If the current owner receives notification from the City that any information
5221 reported as part of the benchmarking submission is inaccurate or incomplete, the information so
5222 reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
5223 updated benchmarking submission to the Director within sixty (60) days of the notification.
5224 F. Exceptions:
5225 1. Governed buildings whose average occupancy throughout the calendar
5226 year for which benchmarking is required is less than sixty percent (60%); or
5227 2. Governed buildings under financial hardship; or
5228 3. Due to special circumstances unique to the applicant's facility and not
5229 based on a condition caused by actions of the applicant, strict compliance with provisions
5230 of this chapter would cause undue hardship or would not be in the public interest; or
5231 4. An owner is unable to benchmark due to the failure of either a utility
5232 provider or a tenant (or both) to report the information necessary for the owner to
5233 complete any benchmarking submittal requirement.
5234 G. For properties qualifying for these exceptions, the owner shall file documentation,
5235 in such form and with such certifications as required by the Director, with the department in the
5236 year prior to the due date for the benchmarking submission, establishing that the governed
5237 building qualifies for such an exception.
5238 H. A randomly-selected subset of benchmarking submission not to exceed ten
5239 percent (10%) of the total benchmarking submissions completed in a given year may be subject
5240 to verification by the City. Such reviews shall be conducted in a way so as to preserve the
5241 anonymity of individual properties and shall be conducted at no cost to the owner.
5242 I. An owner may make a claim of confidentiality for any submitted benchmarking
5243 information pursuant to the limitations under State law.
5244
5245 18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
145
LEGISLATIVE DRAFT
5246 A. The City shall make accessible to the public the shared benchmarking information
5247 for the previous calendar year.
5248 1. For each governed building with a gross floor area of fifty thousand
5249 (50,000) square feet or more, on or about September 1, 2020, and on or about each
5250 September 1 thereafter.
5251 2. For each governed building with a gross floor area of twenty five thousand
5252 (25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
5253 about September 1, 2021, and each September 1 thereafter.
5254 B. The department may, upon request, make available the submitted benchmarking
5255 information for the previous calendar year for an individual City property or governed building.
5256
5257 18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
5258 OWNER:
5259 A. Each tenant occupying a governed building shall, within sixty (60) days of a
5260 request by the owner and in a form to be determined by the Director, provide all information that
5261 cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
5262 requirements of this chapter.
5263
5264 18.94.080: TUNE-UP EVALUATIONS REQUIRED:
5265 A. Required: Tune-up evaluations are required for governed buildings and City
5266 properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
5267 determined by the utility offering the incentive program and that have an Energy Star score of 49
5268 and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
5269 required.
5270 B. Report: The owner shall conduct a tune-up evaluation of the base building
5271 systems of a qualifying governed building and file a tune-up evaluation report prior to December
5272 31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
5273 be determined by the last digit of the property's tax ID number as illustrated below, and
5274 subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
5275 year thereafter:
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
Last Digit Of Tax ID
Number
50,000 Square Feet And Above Of
Gross Floor Area
25,000 To 49,999 Square Feet Of
Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
146
LEGISLATIVE DRAFT
4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
5277
5278 C. Report Submission: The owner shall submit the tune-up evaluation report to the
5279 City.
5280 D. Exceptions: Tune-up evaluations are not required if any of the following are met:
5281 1. If the governed building is less than five (5) years old; or
5282 2. If a registered design professional or tune-up professional certifies that:
5283 a. The governed building has an Energy Star score of 50 or above for
5284 the year prior to the first tune-up due date or for at least two (2) of the three (3)
5285 years preceding the due date of the governed building's tune-up evaluation report.
5286 b. There is no Energy Star rating for the building type and owner
5287 submits documentation that the property's energy performance is better than the
5288 energy performance of an average building of its type for two (2) of the three (3)
5289 years preceding the due date of the governed building's tune-up report.
5290 c. The governed building has received certification under the most
5291 recent LEED 2009 rating system for existing buildings or operation and
5292 maintenance, or existing buildings version 4 rating system or future iterations of
5293 LEED published by the U.S. Green Building Council or other substantially
5294 similar rating systems for existing buildings, for at least two (2) of the three (3)
5295 years preceding the due date for the governed building's tune-up evaluation
5296 reports.
5297 d. The governed building has performed a tune-up evaluation within
5298 the past five (5) years prior to the tune-up evaluation due date.
5299 3. If the governed building has a persistent commissioning program in place.
5300 For properties qualifying for these exceptions, the owner shall file documentation,
5301 in such form and with such certifications as required by the Director, with the
5302 department in the year prior to the due date for the tune-up report, establishing
5303 that the governed building qualifies for such an exception.
5304 E. Verification: A randomly-selected subset of tune-up evaluation reports not to
5305 exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
147
LEGISLATIVE DRAFT
5306 be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
5307 the anonymity of individual properties and shall be conducted at no cost to the owner.
5308
5309 18.94.090: NOTIFICATION:
5310 A. Between January 1 and March 1 of each year during which an owner is required
5311 to provide a benchmarking submission, the Director shall notify these owners of their obligation
5312 to benchmark performance for the previous calendar year through whatever means the Director
5313 so chooses.
5314
5315 18.94.100: VIOLATIONS AND ENFORCEMENT:
5316 A. If the Director determines that an owner has failed to comply with the
5317 requirements of this chapter or the owner submits incomplete or false information, the Director
5318 may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
5319 such noncompliance within ninety (90) days after each notice of violation. After the third written
5320 notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
5321 violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
5322
5323 18.94.110: APPEALS PROCESS:
5324 A. Any owner affected by the Director's determination related to that owner's
5325 property regarding enforcement of this chapter may request, within thirty (30) days of owner's
5326 written notification of the Director's determination, in writing filed with the department, an
5327 appeal hearing before the Board of Appeals and Examiners, established under this title.
5328
5329 SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
5330 18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
5331 Funded Construction) shall be, and hereby is amended as follows:
5332 CHAPTER 18.95
5333 USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
5334
5335 18.95.010: PURPOSE:
5336 The purpose of this chapter is to promote development consistent with sound environmental
5337 practices by requiring, subject to sSections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
5338 that applicable building projects constructed with city construction funds obtain, at a minimum:
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LEGISLATIVE DRAFT
5339 a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
5340 that receive city funds. These designations shall be from the "USGBC" as defined herein.
5341
5342 18.95.020: DEFINITIONS:
5343 As used in this chapter:
5344 APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
5345 multi-family residential, or municipal building that will contain more than ten thousand (10,000)
5346 square feet of occupied space when the design contract for such project commences on or after
5347 November 17, 2006.
5348 BOARD: The board of appeals and examiners created under chapter 18.12 of this title,
5349 hereinafter called "board".
5350 BUILDING OFFICIAL: The director of the division of building services or the designee of the
5351 director.
5352 CERTIFIED: The level of compliance with the leadership in energy and environmental design
5353 (LEED) standards designated as "certified" by the United States Green Building Council
5354 (USGBC).
5355 CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to sSubsection
5356 3.24.040A of this code or that employee's designee pursuant to sSection 3.24.050 of this code, or
5357 any successor to those sections.
5358 CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
5359 city council for use by any person or city department in order to construct an applicable building
5360 project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
5361 apply to the funds of the library or redevelopment agency.
5362 CITY ENGINEER: The city employee designated pursuant to sSection 2.08.080 of this code or
5363 that employee's designee pursuant to sSection 3.24.050 of this code, or any successor to those
5364 sections.
5365 LEED STANDARD: The leadership in energy and environmental design (LEED) green building
5366 rating system for new construction and major renovations (LEED-NC) as adopted in November
5367 2002 and revised in November 2005, the LEED green building rating system for commercial
5368 interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
5369 for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
5370 2004 and updated in July 2005.
5371 MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
5372 with new walls, ceilings, floors and systems, when such work affects more than twenty five
5373 percent (25%) of the building's square footage, and the affected space is at least ten thousand
5374 (10,000) square feet or larger.
5375 SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
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LEGISLATIVE DRAFT
5376 SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
5377 described in sSection 18.95.110 of this chapter.
5378 TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for five
5379 (5) years or less or any existing building that at the time it was constructed was intended to be in
5380 existence for five (5) years or less.
5381 USGBC: The organization known as the United States green building council.
5382
5383 18.95.030: APPLICATION:
5384 Whenever city construction funds are used for an applicable building project, such project shall
5385 at a minimum obtain a silver certification by the USGBC in the case of a city owned building
5386 project or certified certification in the case of all other projects, subject to the exceptions,
5387 waivers, and determinations of substantial compliance provided for in this chapter.
5388
5389 18.95.040: EXCEPTIONS:
5390 The provisions of this chapter shall not apply if the building official and either the chief
5391 procurement officer or the city engineer jointly determine in writing that any of the following
5392 circumstances exist:
5393 A. The applicable building project will serve a specialized, limited function, such as
5394 a pump station, garage, storage building, equipment area, or other similar area, or a single-
5395 family residence;
5396 B. The applicable building project is intended to be a temporary structure;
5397 C. The useful life of the applicable building project does not justify whatever
5398 additional expense would be incurred to increase the building's long term efficiency;
5399 D. The application of LEED standard factors will increase construction costs beyond
5400 the funding capacity for the project, or will require that the project's scope of work or
5401 programmatic needs be diminished to meet budget constraints;
5402 E. The use of LEED standard factors will create an impediment to construction due
5403 to conflicts of laws, building code requirements, federal or state grant funding requirements, or
5404 other similar requirements;
5405 F. LEED factors are not reasonably attainable due to the nature of the facilities or the
5406 schedule for construction; or
5407 G. LEED certification will violate any other federal, state or local law, including,
5408 without limitation, other sections of this code.
5409 If an exception is granted, the developer must agree to integrate green building practices into the
5410 design and construction of the project to the maximum extent possible and feasible. A
5411 determination that an exception does not apply may be appealed in accordance with Chapter
150
LEGISLATIVE DRAFT
5412 18.12to the board. Such appeal must be submitted in writing to the board within thirty (30) days
5413 of the determination.
5414
5415 18.95.050: WAIVERS:
5416 The denial of an exception pursuant to sSection 18.95.040 of this chapter does not preclude an
5417 application for waiver pursuant to this section. The board shall have the authority to grant a
5418 waiver from the requirements of this chapter only if it makes the following findings in writing:
5419 A. Literal enforcement of this chapter would cause unreasonable hardship for the
5420 applicant that is not necessary to carry out the general purpose of this chapter;
5421 B. There are special circumstances attached to the project that do not generally apply
5422 to other projects that are subject to this chapter;
5423 C. The waiver would not have a substantially negative effect on the master plans,
5424 policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
5425 D. Any asserted economic hardship is not self-imposed; and
5426 E. The spirit of this chapter will be observed and substantial justice done.
5427
5428 18.95.060: APPEAL OF CITY DECISIONS:
5429 Appeals of decisions by the building official or enforcement officials pursuant to this chapter
5430 shall be taken in accordance with Chapter 18.12.Any private sector developer who is denied an
5431 exception, or a determination of substantial compliance, or who is assessed a penalty by the
5432 building official and either the chief procurement officer or the city engineer, may appeal such
5433 decision in writing to the board within thirty (30) days of the decision and shall state the basis to
5434 support the relief sought. The board shall review the circumstances of the appeal and shall issue
5435 a written determination of the receipt of the appeal within thirty (30) days consistent with the
5436 requirements of this section.
5437
5438 18.95.070: RESERVEDAPPEAL OF BOARD DECISIONS:
5439 Any private sector developer denied a waiver by the board or denied an exception, or
5440 determination of substantial compliance, or who has had financial penalties imposed on appeal to
5441 the board under this chapter may appeal such decision by the board in writing to the mayor or the
5442 mayor's designee within thirty (30) days of the decision and shall state the basis to support the
5443 relief sought. The mayor or the mayor's designee shall review the circumstances of the appeal
5444 and shall issue a written determination within thirty (30) days of the receipt of the appeal
5445 consistent with the requirements of this section.
5446
5447 18.95.080: REQUIRED DEPOSIT:
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LEGISLATIVE DRAFT
5448 All private sector developers, excluding nonprofit developers, who receive city funds for
5449 applicable building projects shall submit a ten thousand dollar ($10,000.00) "good faith" deposit
5450 with the city which shall be refunded upon the building project receiving the applicable level of
5451 LEED certification or after a determination of substantial compliance.
5452
5453 18.95.090: PROOF OF REGISTRATION:
5454 Within thirty (30) days from receiving notice that the city will fund an applicable building
5455 project, all private sector developers shall submit written proof that said project is registered with
5456 the USGBC. City funds will not be dispersed until the required deposit under sSection 18.95.080
5457 of this chapter and the proof of registration under this section are received by the city.
5458
5459 18.95.100: REQUEST FOR EXTENSION:
5460 If a project is not LEED certified or has not been granted a determination of substantial
5461 compliance within one year after a temporary certificate of occupancy is issued by the city, then
5462 a private sector developer must file a written application with the city for an extension to obtain
5463 LEED certification. Said application must be filed with the city no later than three hundred
5464 ninety five (395) days after the date on which the certificate of occupancy was issued by the city.
5465 The city may grant a one year extension pursuant to this section and any additional extensions as
5466 may be necessary so long as a private sector developer is actively pursuing LEED certification.
5467 Extensions pursuant to this section shall begin on the date granted by the city.
5468
5469 18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
5470 Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
5471 certification stated therein. If certification is not received from the USGBC or is not at the level
5472 required by this chapter, a private sector developer may request that the city issue a
5473 determination that the project has substantially complied with this chapter upon a reasonable
5474 demonstration that such project as constructed is consistent with the intent of this chapter and
5475 that strict enforcement of this chapter would create an unreasonable burden in light of the needs
5476 of such project, the ability of the project owner to control cost increases, and other relevant
5477 circumstances. The request for determination of substantial compliance must contain the
5478 following information:
5479 A. Final LEED certification application, documentation, and response from the
5480 USGBC;
5481 B. An explanation of the efforts and accomplishments made by the private sector
5482 developer to achieve compliance with this chapter;
5483 C. An explanation of the practical or economic infeasibility of implementing certain
5484 high performance building design or construction techniques that, if implemented, would
5485 otherwise have likely resulted in certification; and
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LEGISLATIVE DRAFT
5486 D. Any other supporting documents the private sector developer wishes to submit.
5487
5488 18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
5489 The building official and either the chief procurement officer or the city engineer shall review
5490 within sixty (60) days of receipt of a request for determination of substantial compliance and
5491 shall approve or deny the request based on the good faith efforts of the private sector developer
5492 to comply with this chapter. In making a determination of the good faith efforts, review of the
5493 request shall include whether the private sector developer has established the following:
5494 A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
5495 were taken; and
5496 B. That compliance would otherwise have been obtained but for the practical or
5497 economic infeasibility of implementing high performance building design or construction
5498 techniques.
5499 In making any such determination, cost increases due solely to aesthetic elements shall not
5500 constitute any part of a demonstration of unreasonable burden. A determination of substantial
5501 compliance pursuant to this section shall satisfy sSection 18.95.030 of this chapter.
5502 If the request for determination of substantial compliance is denied, the private sector developer
5503 will be deemed to have not satisfied sSection 18.95.030 of this chapter and shall forfeit the "good
5504 faith" deposit under sSection 18.95.080 of this chapter and may be assessed an additional penalty
5505 up to the amount originally funded by the city. Any penalty assessed shall be offset by the "good
5506 faith" deposit.
5507
5508 18.95.130: PENALTY:
5509 Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
5510 pursuant to sSection 18.95.100 of this chapter, or c) receive a determination of substantial
5511 compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
5512 to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
5513 design credits. Given that a total of twenty six (26) LEED design credits are required for
5514 certification, the additional penalty shall be based on the following considerations:
5515 A. If the city determines that a project could have reasonably received 21-25 LEED
5516 credits, then the private sector developer shall pay the city up to twenty five percent (25%) of the
5517 amount originally funded.
5518 B. If the city determines that a project could have reasonably received 16-20 LEED
5519 credits, then the private sector developer shall pay the city up to fifty percent (50%) of the
5520 amount originally funded.
5521 C. If the city determines that a project could have reasonably received 6-15 LEED
5522 credits, then the private sector developer shall pay the city up to seventy five percent (75%) of
5523 the amount originally funded.
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LEGISLATIVE DRAFT
5524 D. If the city determines that a project could have reasonably received 0-5 LEED
5525 credits, then the private sector developer shall pay the city up to one hundred percent (100%) of
5526 the amount originally funded.
5527 Failure to pay a penalty within ninety (90) days of written notice from the city shall result in a
5528 lien against the project.
5529
5530 18.95.140: RULE MAKING AUTHORIZATION:
5531 The building official and either the chief procurement officer or the city engineer are authorized
5532 to issue administrative rules under this chapter.
5533
5534 18.95.150: ADMINISTRATIVE INTERPRETATIONS:
5535 Pursuant to the authority granted under sSubsection 18.0850.040KB of this title, the building
5536 official may render interpretations of this chapter. Such interpretations shall conform with the
5537 intent and purpose of this chapter, and shall be made available in writing for public inspection
5538 upon request.
5539
5540 18.95.160: LIMITATIONS:
5541 Nothing required under this chapter shall supersede any federal, state or local law, including,
5542 without limitation, other provisions of this code; or any contract, grant, or other funding
5543 requirement; or other standards or restrictions that may otherwise apply to an applicable building
5544 project. This chapter shall not apply whenever its application would disadvantage the city in
5545 obtaining federal funds.
5546
5547 SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
5548 18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
5549 amended as follows:
5550
5551 CHAPTER 18.96
5552 FIT PREMISES
5553
5554 18.96.010: TITLE:
5555 This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
154
LEGISLATIVE DRAFT
5556
5557 18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
5558 The following arrangements are not governed by this chapter:
5559 A. Residence at a detention, medical, geriatric, educational, counseling, or religious
5560 institution;
5561 B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
5562 purchaser;
5563 C. Occupancy by a member of a fraternal or social organization in a building
5564 operated for the benefit of the organization;
5565 D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
5566 59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
5567 "SRO" means an existing housing unit with one combined sleeping and living room of at least
5568 seventy (70) square feet, but of not more than two hundred twenty (220) square feet, where the
5569 usual tenancy or occupancy of the same unit by the same person or persons is for a period of
5570 longer than one week. Such units may include a kitchen and a private bath; and
5571 E. Occupancy by an owner of a condominium unit.
5572
5573 18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
5574 A. A property owner, or any person authorized to enter into an oral or written rental
5575 agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
5576 commencement of the tenancy the name, address and telephone number of:
5577 1. The owner or person authorized to manage the premises; and
5578 2. A local person authorized to act for and on behalf of the owner for the
5579 purpose of receiving notices and demands, and performing the property owner's
5580 obligations under this chapter and the rental agreement if the owner or manager reside
5581 outside of Salt Lake City.
5582 B. A person who enters into a rental agreement as “landlord”, “property manager” or
5583 the like, and fails to comply with the requirements of this section becomes an agent of the
5584 property owner for the purposes of:
5585 1. Receipt of notices under this chapter; and
5586 2. Performing the obligations of the property owner under this chapter and
5587 under the rental agreement.
5588 C. The information required to be furnished by this section shall be kept current.
5589 This section is enforceable against any successor property owner, owner, or manager.
155
LEGISLATIVE DRAFT
5590 D. Every rental property with more than one unit rented without a written agreement
5591 shall have a notice posted in a conspicuous place with the name, address and telephone number
5592 of the owner or manager and local agent as required by subsection A of this section.
5593
5594 18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
5595 A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
5596 condition of the premises, a list of all appliances and furnishings and a summary of this chapter
5597 shall be given to each tenant at the time the rental agreement is entered into. The summary shall
5598 be prepared by the city for the purpose of fairly setting forth the material provisions of this
5599 chapter and shall include information about mediation resources in the Salt Lake City area and
5600 shall encourage property owners and tenants to take advantage of mediation services. The
5601 property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
5602 documents have been provided to the tenant. Such acknowledgment shall be returned to the
5603 property owner no later than three (3) days after the tenant takes possession of the dwelling unit.
5604 Before entering into a rental agreement, the property owner shall disclose to the tenant any
5605 current notice by a utility provider to terminate water, gas, electrical or other utility service to the
5606 dwelling unit or to common areas of the building, the proposed date of termination, and any
5607 current uncorrected building or health code violation included in a deficiency list or notice from
5608 the Salt Lake City building and housing servicesdivision or any other government entity.
5609 B. By explicit written agreement, a property owner and a tenant may establish a
5610 procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
5611 and deducts the cost of the repairs from the rent due and owing.
5612 C. A property owner may allocate any duties to the tenant by explicit written
5613 agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
5614
5615 18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
5616 DWELLING UNIT:
5617 A property owner shall:
5618 A. Comply with the requirements of applicable building, housing and health codes
5619 and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
5620 occupancy;
5621 B. Maintain the structural integrity of the building;
5622 C. Maintain floors in compliance with safe load bearing requirements;
5623 D. Provide exits, emergency egress, and light and ventilation in compliance with
5624 applicable codes;
5625 E. Maintain stairways, porches, walkways and fire escapes in sound condition;
5626 F. Provide smoke detectors and fire extinguisher as required by code;
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LEGISLATIVE DRAFT
5627 G. Provide operable sinks, toilets, tubs and/or showers;
5628 H. Provide heating facilities as required by code;
5629 I. Provide kitchen facilities as required;
5630 J. Provide running water;
5631 K. Provide adequate hall and stairway lighting;
5632 L. Maintain floors, walls and ceilings in good condition;
5633 M. Supply window screens where required by code;
5634 N. Maintain foundation, masonry, chimneys, water heater and furnace in good
5635 working condition;
5636 O. Prevent the accumulation of stagnant water in the interior of any premises;
5637 P. Maintain in good and safe working order and condition all electrical, plumbing,
5638 sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
5639 property owner as required by applicable codes;
5640 Q. Provide and maintain appropriate garbage receptacles and arrange for timely
5641 garbage removal as required by code;
5642 R. Supply electricity, and hot water at all times and heat during at least the months of
5643 October through April and as weather conditions might otherwise reasonably warrant, except
5644 where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
5645 control of the tenant and supplied by a direct public utility connection;
5646 S. Once proof of pest infestation has been established, be responsible for initiation of
5647 pest control measures. In no instance shall a property owner be required to apply pesticides
5648 contrary to label directions;
5649 T. Not interrupt or disconnect utility service;
5650 U. Provide adequate locks to exterior doors and furnish keys to tenants as required
5651 by applicable codes;
5652 V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
5653 as required by the building and housing and Utah state energy conservation codes;
5654 W. Provide for and protect each tenant's peaceful enjoyment of the premises;
5655 X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
5656 dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
5657 premises;
5658 Y. Provide a mailbox; and
5659 Z. Provide separate meters for each tenant for gas and electricity or include charges
5660 for utility services in the rent.
157
LEGISLATIVE DRAFT
5661
5662 18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
5663 A tenant shall:
5664 A. Comply with all appropriate requirements of the rental agreement and applicable
5665 provisions of building, housing and health codes;
5666 B. Maintain the premises occupied in a clean and safe condition and not
5667 unreasonably burden any common area;
5668 C. Dispose of all garbage and other waste in a clean and safe manner and avoid
5669 leaving garbage or litter in hallways, porches, patios and other common areas;
5670 D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
5671 avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
5672 E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
5673 in a reasonable manner;
5674 F. Not destroy, deface, damage, impair or remove any part of the premises or
5675 knowingly permit any person to do so;
5676 G. Promptly inform the property owner of any defective conditions or problems at
5677 the premises;
5678 H. Not interfere with the peaceful enjoyment of the residential rental unit of another
5679 renter;
5680 I. Upon vacation, restore the premises to their initial condition except for reasonable
5681 wear and tear or conditions caused by the property owner;
5682 J. Be current on all payments required by the rental agreement and this chapter;
5683 K. Not increase the number of occupants above that specified in the rental agreement
5684 without written permission of the owners;
5685 L. Not modify or paint the premises without the express written permission of the
5686 property owner/agent;
5687 M. Dispose of oil, car batteries, and other hazardous waste materials away from the
5688 rental premises, and in a manner prescribed by federal and local laws; and
5689 N. Not require the owner to correct or remedy any condition caused by the renter, the
5690 renter's family or the renter's guests or invites by inappropriate use of the property during the
5691 rental term or any extension of it.
5692
5693 18.96.070: RULES AND REGULATIONS:
158
LEGISLATIVE DRAFT
5694 A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
5695 the premises which become a part of the rental agreement if they apply to all tenants in the
5696 premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
5697 ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
5698 Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
5699 tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
5700 modified from time to time by the property owner. However, no rule adopted after the
5701 commencement of any rental agreement shall substantially modify the existing terms, conditions
5702 or rules without written consent of the tenant.
5703
5704 18.96.080: ACCESS:
5705 A. A tenant shall not unreasonably withhold consent to the property owner to enter
5706 into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
5707 improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
5708 B. A property owner may enter the dwelling unit without consent of the tenant in
5709 case of emergency.
5710 C. Except in case of emergency the property owner shall give the tenant at least
5711 twenty four (24) hours' notice of plans to enter and may enter only between eight o'clock (8:00)
5712 A.M. and ten o'clock (10:00) P.M.
5713 D. A property owner has no other right of access except:
5714 1. Pursuant to court order;
5715 2. To make repairs requested by the tenant pursuant to sSections 18.96.110
5716 and 18.96.120 of this chapter;
5717 3. To make repairs ordered by the division pursuant to this title; or
5718 4.3. If the tenant has abandoned the premises as defined in sSection 78B-36-
5719 81412(3), Utah Code Annotated, or any successor provision.
5720
5721 18.96.090: RESERVEDPROPERTY OWNER AND TENANT REMEDIES FOR ABUSE
5722 OF ACCESS:
5723 A. If the tenant refuses to allow lawful access, the property owner may obtain
5724 injunctive relief to compel access, or terminate the rental agreement and commence an eviction
5725 action. In either case, the property owner may recover actual damages and reasonable attorney
5726 fees.
5727 B. If the property owner makes an unlawful entry or makes repeated demands for
5728 entry which harass the tenant, the tenant may obtain injunctive relief to prevent the recurrence of
5729 the conduct or terminate the rental agreement and vacate the premises. In either case, the tenant
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LEGISLATIVE DRAFT
5730 may recover the lesser of the actual damages or damages equal to one month's rent and
5731 reasonable attorney fees.
5732
5733 18.96.100: RESERVEDFAILURE TO DELIVER POSSESSION:
5734 If the property owner fails to deliver possession of the dwelling unit to the tenant as promised in
5735 the rental agreement, rent abates until possession is delivered. Alternatively, the tenant may
5736 terminate the rental agreement by written notice to the property owner and recover all prepaid
5737 rent and security deposits and actual damages.
5738
5739 18.96.110: REPAIR OF SPECIFIED FAILURES:
5740 In the event of the failures specified below, which are not due to the unavailability of utility
5741 service, the property owner shall take reasonable steps to begin repairing the failures
5742 promptlywithin the following specified time periods after receipt of written notice of the failure
5743 delivered in accordance with Section 18.50.100to the person identified in subsection
5744 18.96.030A2 of this chapter, and shall remedy such failurecomplete the repairs within the period
5745 set forth in the notice and order issued by the inspector reasonable diligence:
A.Inoperable toilet 24
hours
B.Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
48
hours
C.Inoperable refrigerator or cooking range or stove 48
hours
D.Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
24
hours
E.Inoperable electric fixture 72
hours
F.Broken exterior door or inoperable or missing exterior door lock 48
hours
G.Broken window with missing glass 96
hours
H.Inoperable exterior lighting 96
hours
I.Broken stair or balustrade 24
hours
J.Inoperable or missing smoke detector required by code 24
hours
K.Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
24
hours
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LEGISLATIVE DRAFT
L.Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
96
hours
M.Broken or leaking water pipes causing an imminent threat to life, safety or
health
24
hours
N.Other broken or leaking water pipes 72
hours
O.Disconnection of electrical, water or natural gas service caused by property
owner
24
hours
5747
5748 The division shall establish repair period standards based on the severity of the failures identified
5749 above. The tenant shall grant the property owner reasonable access to perform the repairs
5750 required in this section.
5751
5752 18.96.120: VIOLATIONSTENANT REPAIR AND DEDUCT:
5753 Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.If the
5754 property owner fails to begin making the repairs required by section 18.96.110 of this chapter,
5755 within the specified times, and the tenant is current on all rent and other payments to the property
5756 owner, the tenant may cause the repairs to be made subject to the following provisions:
5757 A. Critical Repairs: If the repairs involve an inoperable toilet, lack of heat during a
5758 period for which heat is required, broken or leaking water pipes posing an immediate threat to
5759 life, safety or health or a complete lack of running water or disconnected gas, electric or water
5760 service, the tenant may, upon the expiration of the notice period specified in section 18.96.110 of
5761 this chapter, cause the necessary repairs to be made.
5762 1. In making such repairs the tenant must use a licensed contractor if such a
5763 licensed contractor is required by applicable building or housing codes.
5764 2. If a licensed contractor is required for the work, the tenant shall make
5765 reasonable efforts to obtain two (2) bids for the work and, if bids are obtained, shall
5766 contract for the work to be done by the lowest bidder.
5767 B. Noncritical Repairs: If the required repairs are not critical repairs subject to the
5768 provisions of subsection A of this section, the tenant, after the expiration of the notice time
5769 required by section 18.96.110 of this chapter, shall give the property owner or property owner's
5770 agent identified in section 18.96.030 of this chapter a second written notice of intent to repair and
5771 deduct. This second notice shall be either delivered and served personally upon the property
5772 owner or agent or sent by both certified and regular mail.
5773 1. The second notice shall state the nature of the problem, the date the tenant
5774 sent the first notice required by section 18.96.110 of this chapter, and the intention of the
161
LEGISLATIVE DRAFT
5775 tenant to cause the repairs to be done and to deduct the cost from the rent if the property
5776 owner does not make the repairs.
5777 2. The property owner shall begin making the required repairs within forty
5778 eight (48) hours after the hand delivery of the second notice or by the end of the second
5779 calendar day after the date of mailing of the second notice and complete the repairs with
5780 reasonable diligence.
5781 3. If the property owner has not begun the required repairs within the time
5782 specified in subsection B2 of this section, the tenant may cause the repairs to be made.
5783 4. In making such repairs the tenant must use a licensed contractor if such a
5784 licensed contractor is required by applicable building or housing codes.
5785 5. If a licensed contractor is required for the work, the tenant shall make
5786 reasonable efforts to obtain two (2) bids for the work, and, if bids are obtained, shall
5787 contract for the work with the low bidder.
5788 6. If a licensed contractor is not required for the work, the tenant may do the
5789 work on his or her own or contract for the work to be done at a reasonable cost.
5790 C. Deductible Amount: For any repairs made pursuant to this section, the tenant may
5791 deduct from future rent the actual and reasonable cost of the repairs performed up to a maximum
5792 deduction of four hundred dollars ($400.00); provided however, tenant shall furnish all original
5793 paid receipts to the property owner.
5794 D. Nontermination: The property owner may not terminate the tenant's tenancy for
5795 the tenant's deduction of rent for repairs made pursuant to this section nor may the property
5796 owner terminate the tenancy until the tenant's costs, not to exceed four hundred dollars
5797 ($400.00), for repairs made under this section have been offset by deducted rent.
5798 E. Tenant Caused Damages: The repair and deduct provisions of this section shall
5799 not be applicable to any damages caused or repairs necessitated by actions of the tenant or the
5800 tenant's invited guests or other occupants of the dwelling unit.
5801
5802 18.96.130: RETALIATORY CONDUCT PROHIBITED:
5803 A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
5804 property owner may not terminate a rental agreement or bring or threaten to bring an eviction
5805 action because the tenant has in good faith:
5806 1. Complained of code violations at the premises to a governmental agency,
5807 elected representative or public official charged with responsibility for enforcement of a
5808 building, housing, health or similar code;
5809 2. Complained of a building, housing, health or similar code violation or an
5810 illegal property owner practice to a community organization or the news media;
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LEGISLATIVE DRAFT
5811 3. Sought the assistance of a community organization or the news media to
5812 remedy code violation or illegal property owner practice;
5813 4. Requested the property owner to make repairs to the premises as required
5814 by this chapter, a building or health code, other regulation, or the residential rental
5815 agreement;
5816 5. Become a member of a tenants' union or similar organization;
5817 6. Testified in any court or administrative proceeding concerning the
5818 condition of the premises; or
5819 7. Exercised any right or remedy provided by law.
5820
5821 SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
5822 21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
5823 follows:
5824 21A.20.010: RESERVEDDEFINED TERMS:
5825 In this chapter, the words, terms, phrases and their derivatives shall have the meanings as stated
5826 and defined in this chapter.
5827 CITATION DEADLINE: The date identified in the second notice of violation described in
5828 subsection 21A.20.030E of this chapter.
5829 CIVIL ENFORCEMENT OFFICER: An employee of Salt Lake City's Division of Building
5830 Services, or of the successor Salt Lake City division authorized to perform civil enforcement
5831 functions, or any duly authorized agent, representative or designee.
5832 DIVISION: Salt Lake City's Division of Building Services, or the successor Salt Lake City
5833 division authorized to perform civil enforcement functions.
5834 FIRST NOTICE: The initial notice informing the person cited that a zoning violation exists.
5835 NOTICE OF COMPLIANCE: A written notice informing the person cited that the violation has
5836 been cured.
5837 PERSON CITED: The property owner, property owner's agent, tenant or occupant of any
5838 building or land or part thereof and any architect, builder, contractor, agent or other person who
5839 participates in, assists, directs or creates any situation that is contrary to the requirements of this
5840 title, and who received the notice of violation and is being held responsible for the violation.
5841 PROPERTY OWNER: Any person who, alone or jointly or severally with others, holds legal
5842 title to the property at issue.
163
LEGISLATIVE DRAFT
5843 SECOND NOTICE: The notice informing the person cited of the date that civil fines will begin
5844 to accrue if the zoning violation is not corrected.
5845
5846 21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
5847 A Ccivil Eenforcement Oofficer may investigate any complaint alleging a violation of this title
5848 and take such action as is warranted in accordance with the procedures set forth in this chapter.
5849
5850 21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
5851 A. If the Ccivil Eenforcement Oofficer finds that any provision of this title is being
5852 violated, the Ccivil Eenforcement Oofficer may provide a written warning notice to the property
5853 owner and any other person determined to be responsible for such violation. The written notice
5854 shall indicate the nature of the violation and order the action necessary to correct it. Additional
5855 written notices may be provided at the Ccivil Eenforcement Oofficer's discretion.
5856 B. The written warning notice shall state what action the building services division
5857 intends to take if the violation is not corrected. The written notice shall include information
5858 regarding the established warning period for the indicated violations and shall serve to start any
5859 warning periods provided in this chapter.
5860 C. Such written warning notice issued by the Ccivil Eenforcement Oofficer, if
5861 issued, shall be deemed sufficient and complete delivered when:
5862 1. A copy of the written notice is posted on the property where said violation(s)
5863 occur, and
5864 2. The written notice is either:
5865 a. Mailed certified mail or using any reputable mail tracking service that is
5866 capable of confirming delivery commercial courier service to the property owner at the
5867 last known address appearing on the records of the Salt Lake County Recorder and any
5868 other person determined to be responsible for such violation, at their last known address,
5869 or
5870 b. Personally served upon the property owner and any other person
5871 determined to be responsible for such violation.
5872 D. In cases when delay in enforcement would seriously threaten the effective
5873 enforcement of this title, or pose a danger to the public health, safety or welfare, the Ccivil
5874 Eenforcement Oofficer may seek enforcement without issuing a warning notice and may proceed
5875 directly to issuing a notice and order as set forth in Subpart Eprior written notice by invoking any
5876 of the civil fines or remedies authorized in section 21A.20.060 of this chapter.
5877 E. Upon discovery of a violation of this title, or iIf the violation remains
5878 uncorrecteduncured within five (5) business days of theafter expiration of the warning period set
5879 forth in the warning notice, if issued, described in subsections A through C of this section, a
164
LEGISLATIVE DRAFT
5880 second notice of violation shall be delivered by mailing, postage prepaid, addressed to the person
5881 cited at the last known address appearing on the records of the County Recorder. The second
5882 notice shall identify the citation deadline and state that the civil fines set forth in section
5883 21A.20.040 of this chapter will begin to accrue if the violations are not remedied by that date. the
5884 civil enforcement officer may issue a notice and order.
5885 1. The written notice and order shall state:
5886 a. The name and address, if known, of the responsible party;
5887 b. The date and location of each violation;
5888 c. The code sections violated;
5889 d. That the violations must be corrected;
5890 e. Provide a specific date by which the enforcement official orders
5891 that the violations be corrected by;
5892 f. The amount of the civil fine to accrue for each violation, or other
5893 enforcement action that the enforcement official intends to pursue, if the violation
5894 is not corrected by the date specified;
5895 g. Identification of the right to and procedure to appeal; and
5896 h. The signature of the enforcement official.
5897
5898 2. The enforcement official shall serve the notice and order on the
5899 responsible party by:
5900 a. Posting a copy of the written notice and order on the noncompliant
5901 property, and
5902 b. By mailing the notice and order through certified mail or reputable
5903 mail tracking service that is capable of confirming delivery. If the responsible
5904 party is the property owner of record, then mailing shall be to the last known
5905 address appearing on the records of the Salt Lake County Recorder. If the
5906 responsible party is any other person or entity other than the owner of record, then
5907 mailing shall be to the last known address of the responsible party on file with the
5908 city.
5909 c. Notwithstanding the foregoing, personal service upon the
5910 responsible party shall be sufficient to meet the notice and order service
5911 requirements of this Subsection 21A.20.030.E.2.b.
5912
5913 F. Following the issuance of a notice and order, any responsible party shall correct
5914 the violations specified in the notice and order. Upon correction of the violations specified in the
5915 notice and order, the responsible party shall contact the enforcement official identified in the
5916 notice and order to request an inspection of the property.
5917
5918 G. If one or more violations are not corrected by the deadline specified in the notice
5919 and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
5920 civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
5921 stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
5922 to Subsection E.
165
LEGISLATIVE DRAFT
5923
5924 H. The responsible party shall have the right to contest the notice and order at an
5925 administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
5926 administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
5927 consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
5928 right to appeal.
5929
5930 I. Upon expiration of the citation period set forth in a notice and order, and where
5931 the violation(s) remain uncorrected, the city may record on the noncompliant property with the
5932 Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
5933 noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
5934 merely place interested parties on notice of any continuing violation of this title at the
5935 noncompliant property. If a notice of noncompliance has been recorded and the enforcement
5936 official later determines that all violations identified in the notice of noncompliance have been
5937 corrected, the enforcement official shall issue a notice of compliance by recording the notice of
5938 compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
5939 notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
5940
5941 J. If the city files an action for injunctive relief seeking abatement of one or more
5942 violations and the district court authorizes the abatement of one or more violations and the city
5943 incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
5944 and may be considered an encumbrance on the property.
5945
5946 21A.20.040: CIVIL FINES:
5947 A. General: If the violations are not corrected by the citation deadline, civil fines shall
5948 accrue at twenty five dollars ($25.00) $50 a day per violation for those properties legally
5949 used for purposes that are solely residential uses, and one hundred dollars ($2100.00) a
5950 day per violation for those properties used for purposes that are not residential uses. Fines
5951 for violations pertaining to use of a dwelling unit shall be per dwelling unit.
5952 B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
5953 citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
5954 per day per violation. If the violation(s) include renting an affordable rental unit in excess
5955 of the approved rental rate then an additional monthly fine shall accrue that is the
5956 difference between the market rate of the unit and the approved rental rate that is agreed
5957 to by the applicant at the time of approval for a project using the incentives.
5958 C. Failure to obtain certificate of appropriateness per 21A.34.020: For development or any
5959 building activity on properties subject to Section 21A.34.020 without a certificate of
5960 appropriateness, if such violation is not corrected by the citation deadline, civil fines shall
5961 accrue at $50 per day, except that the fine shall be $250 per day for full or partial
5962 demolition of a contributing structure without a certificate of appropriateness and $500
5963 per day for full or partial demolition of a landmark site without a certificate of
5964 appropriateness.
166
LEGISLATIVE DRAFT
5965 21A.20.050: DAILY VIOLATIONS:
5966 Each day a violation continues after the citation deadline shall be considered a separate offense
5967 and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
5968 obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
5969
5970 21A.20.060: COMPLIANCE:
5971 The Ccity may use such lawful means as are available to obtain compliance with the provisions
5972 of this title and to collect the civil fines that accrue as a result of the violation of the provisions of
5973 this title, including a legal action to obtain one or more of the following: an injunction, an order
5974 of mandamus, an order requiring the property owner or occupant to abate the violations, an order
5975 permitting the Ccity to enter the property to abate the violations, and a judgment in the amount of
5976 the civil fines accrued for the violation, including costs and attorney fees. The city has sole
5977 discretion over which remedy or combination of remedies it may choose to pursue.
5978 Violations of the provisions of this title or failure to comply with any of its requirements are
5979 punishable as a Class BC misdemeanor upon conviction.
5980
5981 21A.20.070: RECURRING VIOLATIONS:
5982 In the case where a violation, which had been corrected, reoccurs at the same property within six
5983 (6) months of the initial correction and is due to the actions or inactions of the same person or
5984 property owner as the prior violation(s), the building services division may begin enforcement of
5985 said recurring violation by sending by certified mail or reputable mail tracking service that is
5986 capable of confirming delivery a Nnotice and Oorder in the form described in sSubsection
5987 21A.20.030.EB of this chapter. Civil fines set forth in sSection 21A.020.040 of this chapter will
5988 begin accruing, if the violation is not remedied within ten (10) calendar days of the citation
5989 deadline contained in that notice.
5990
5991 21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
5992 A. Powers Aand Duties Oof Fines Hearing Officer: The Ffines Hhearing Oofficer,
5993 appointed pursuant to sSection 21A.06.090 of this title, may hear and decide appeals of civil
5994 fines imposed pursuant to this chapter. As set forth in this section, the Ffines Hhearing Oofficer
5995 may reduce civil fines and approve civil fine payment schedules.
5996 B. Right Tto Appear: Any person receiving a notice of violation may appear before a
5997 Ffines Hhearing Oofficer to appeal the amount of the civil fine imposed by submitting a civil
5998 fine appeal on a form provided by the building services division. However, no party may appear
5999 before a Ffines Hhearing Oofficer until violations from which the civil fines stemmedidentified
6000 have been corrected and a notice of compliance has been issued. Appeals to a Ffines Hhearing
6001 Oofficer contesting the amount of the civil fine imposed, must be filed within thirty (30) days
6002 from the date of the notice of compliance.
167
LEGISLATIVE DRAFT
6003 C. Responsibility: Commencement of any action to remove or reduce civil fines shall
6004 not relieve the responsibility of any person cited to correctcure the violation or make payment of
6005 subsequently accrued civil fines nor shall it require the Ccity to reissue any of the notices
6006 required by this chapter.
6007 D. Reduction Oof Civil Fine: Civil fines may be reduced at the discretion of the
6008 Ffines Hhearing Oofficer after the violation is correctedcured from which the civil fines
6009 stemmed and if any of the following conditions exist:
6010 1. The violation pertains to landscaping, in which case the time for payment
6011 and correction of landscaping violations may be abated from October 15 through the next
6012 April 1, or such other times as caused by weather conditions adverse to successful
6013 landscaping;
6014 2. Strict compliance with the notice and order would have caused an
6015 imminent and irreparable injury to persons or property;
6016 3. The violation and inability to curecorrect the same were both caused by a
6017 force majeure event such as war, act of nature, strike or civil disturbance;
6018 4. A change in the actual ownership of the property was recorded with the
6019 Salt Lake County Recorder's Office after the first or second notice was issued and the
6020 new property owner is not related by blood, marriage or common ownership to the prior
6021 owner; or
6022 5. Such other mitigating circumstances as determined by the Ffines Hhearing
6023 Oofficer.
6024 E. Payment Schedule: At the request of a person subject to civil fines governed by
6025 this chapter, the Ffines Hhearing Oofficer may approve a payment schedule for the delayed or
6026 periodic payment of the applicable civil fine to accommodate the person's unique circumstances
6027 or ability to pay.
6028 F. Failure Tto Submit Payment Oon Payment Schedule: If a payment schedule has
6029 been developed by the Ffines Hhearing Oofficer, the failure by a person owing civil fines to
6030 submit any two (2) payments as scheduled shall cause the entire amount of the original civil fine
6031 to become immediately due.
6032
6033 21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
6034 A. If the Ccity obtains a court order permitting entry on the property for the purpose
6035 of abating zoning violations, the building services division shall provide written notice of that
6036 order to the property owner of record at the address on file with the Salt Lake County Recorder.
6037 B. The notice shall: 1) identify the property owner of record according to the records
6038 of the Salt Lake County Recorder, 2) describe the property and the violations the court order
6039 permits the building services division to enter the property to abate, 3) attach a copy of the court
6040 order, and (4) inform the property owner when the abatement is scheduled to occur, and 4)
168
LEGISLATIVE DRAFT
6041 provide the property owner thirty (30) days from the date the notice is served to abate the
6042 violations the court order permits the division to enter the property to abate.
6043 C. Notice may be delivered in person, or by certified mail, or by reputable mail
6044 tracking service that is capable of confirming delivery commercial courier service, if mailed to
6045 the last known address of the property owner according to the records of the Salt Lake County
6046 Recorder.
6047 D. If the zoning violations are not corrected by the property owner within thirty (30)
6048 days of the date the notice is served, then the division may employ any necessary assistance to
6049 enter the property and abate the zoning violations, as permitted by the court order.
6050
6051 21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
6052 A. If the building services division or an agent thereof the division enters a property
6053 to abate a violation pursuant to a court order, as set forth in sSection 21A.20.090 of this chapter,
6054 the building services division may collect the cost of that abatement, by filing a Pproperty Ttax
6055 lien, as set forth in this section.
6056 B. Upon completion of abatement work, the building services division shall prepare
6057 an itemized statement of costs and mail it to the property owner by certified mail or by any
6058 reputable mail tracking service that is capable of confirming delivery, demanding payment
6059 within thirty (30) days of the date the statement is post marked.
6060 C. The itemized statement of costs shall:
6061 1. Include:
6062 a. The address of the property at issue;
6063 b. An itemized list of all expenses incurred by the building services
6064 division, including administrative costs;
6065 c. A demand for payment; and
6066 d. The address where payment is to be made;
6067 2. Notify the property owner:
6068 a. That failure to timely pay the expenses described in the itemized
6069 statement may result in a lien on the property in accordance with this chapter and
6070 Utah Code section 10-11-4 or its successor;
6071 b. That the property owner may file a written objection to all or part
6072 of the statement within twenty (20) days of the date the statement is postmarked;
6073 and
6074 c. Where the property owner may file the objection, including the
6075 name of the office and the mailing address.
169
LEGISLATIVE DRAFT
6076 D. The itemized statement of costs described in subsection C of this section shall be
6077 deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
6078 capable of confirming delivery addressed to the last known address of the property owner,
6079 according to the records of the Salt Lake County Recorder.
6080 E. If the property owner files a timely objection, the building services division will
6081 schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
6082 Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
6083 the date, time, and location of the hearing.
6084 F. At the hearing described in subsection E of this section, a Ffines Hhearing
6085 Oofficer shall review and determine the actual cost of abatement incurred by the building
6086 services division in abating the property, including administrative costs. The property owner
6087 must pay any amount the Ffines Hhearing Oofficer determines is due and owing to the Salt Lake
6088 City Treasurer at the address provided in the statement of costs within thirty (30) days of the date
6089 of the hearing.
6090 G. If the property owner fails to make payment of the amount set forth in the
6091 itemized statement within thirty (30) days of the date of the mailing of that statement, or to file a
6092 timely objection, then the building services division may certify the past due costs and expenses
6093 to the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code
6094 section 10-11-4 or its successor.
6095 H. If the property owner files a timely objection but fails to make payment of any
6096 amount found due and owing under subsection F of this section within thirty (30) days of the
6097 date of the hearing, the building services division may certify the past due costs and expense to
6098 the Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section
6099 10-11-4.
6100 I. After entry by the Treasurer of the County, as set forth in subsections G and H of
6101 this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
6102 60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
6103 time of the payment of general taxes.
6104 J. Notwithstanding any other provision in this chapter to the contrary, where the
6105 property owner presents evidence demonstrating financial hardship to the satisfaction of the
6106 building services division, the building services division may waive some or all administrative
6107 fees and the actual costs incurred in abating the property if the property abated is the property
6108 owner's principal place of residence.
6109
6110 SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
6111 21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
6112 hereby is amended as follows:
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LEGISLATIVE DRAFT
6113 a. Adding the definition of “CITATION DEADLINE.” That the definition of
6114 “CITATION DEADLINE” be added and inserted into the list of definitions in
6115 alphabetical order to read as follows:
6116 CITATION DEADLINE: the date identified in the notice and order to correct the
6117 violation(s) identified therein.
6118 b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
6119 of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
6120 definitions in alphabetical order to read as follows:
6121 CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
6122 Building Services, or successor division, authorized to perform civil enforcement
6123 functions, or any duly authorized agent, representative, or designee.
6124 c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
6125 “NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
6126 alphabetical order to read as follows:
6127 NOTICE OF COMPLIANCE: a written notice informing the person cited that the
6128 violation has been corrected.
6129 d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
6130 CITED” be added and inserted into the list of definitions in alphabetical order to read
6131 as follows:
6132 PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
6133 building or land or part thereof and any architect, builder, contractor, agent or other
6134 person who participates in, assists, directs or creates any situation that is contrary to the
6135 requirements of this title, and who received the notice of violation and is being held
6136 responsible for the violation.
6137 e. Adding the definition of “PROPERTY OWNER.” That the definition of
6138 “PROPERTY OWNER” be added and inserted into the list of definitions in
6139 alphabetical order to read as follows:
171
LEGISLATIVE DRAFT
6140 PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
6141 legal title to the property at issue.
6142
6143 SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
6144 2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
6145 appeals board” therefrom as follows:
6146 2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
6147 For the purpose of this chapter the term "city board" or "board" means the following city boards,
6148 commissions, councils, and committees:
6149 Accessibility and disability commission
6150 Airport board
6151 Board of appeals and examiners
6152 Business advisory board
6153 Citizens' compensation advisory committee
6154 City and county building conservancy and use committee
6155 Community development and capital improvement programs advisory board
6156 Community recovery committee
6157 Fire code board of appeals
6158 Golf enterprise fund advisory board
6159 Historic landmark commission
6160 Housing advisory and appeals board
6161 Housing trust fund advisory board
6162 Human rights commission
6163 Library board
6164 Parks, natural lands, trails, and urban forestry advisory board
6165 Planning commission
6166 Public utilities advisory committee
6167 Racial equity in policing commission
172
LEGISLATIVE DRAFT
6168 Salt Lake art design board
6169 Salt Lake City arts council board
6170 Salt Lake City sister cities board
6171 Transportation advisory board
6172
6173 SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
6174 Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
6175 entirety as follows:
6176 2.21.010: GENERAL PROVISIONS:
6177 The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
6178 except as otherwise set forth in this chapter.
6179
6180 2.21.020: CREATION AND MEMBERSHIP:
6181 A. The city creates a housing advisory and appeals board ("HAAB").
6182 B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
6183 city in a manner providing balanced geographical, professional, neighborhood and
6184 community representation.
6185 C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
6186 office. The secretary of HAAB shall be designated by the building official.
6187 D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
6188 any one year. Expiration of terms shall be on December 31.
6189
6190 2.21.030: POWERS AND AUTHORITY:
6191 HAAB shall have the power and authority to:
6192 A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
6193 B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
6194 of this code;
6195 C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
6196 18.50 of this code, where strict compliance with the provisions is economically or
6197 structurally impracticable and any approved alternative substantially accomplishes the
6198 purpose and intent of the requirement deviated from;
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LEGISLATIVE DRAFT
6199 D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
6200 E. Recommend new procedures to the building official and new ordinances regarding
6201 housing to the city council; and
6202 F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
6203
6204 2.21.040: HAAB PANELS:
6205 Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
6206 responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
6207 (5) voting members appointed by the chair.
6208
6209 SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
6210 2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
6211 be, and hereby is amended as follows:
6212 2.80.040: FUND CREATED:
6213
6214 There is created a restricted account within the general fund, to be designated as the "Salt Lake
6215 City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
6216 general fund, and the fund shall be used exclusively to assist with affordable and special
6217 needs housing in the city. No expenditures shall be made from the fund without approval of the
6218 city council.
6219 A. There shall be deposited into the fund all monies received by the city, regardless
6220 of source, which are dedicated to affordable housing and special needs housing including, but not
6221 limited to, the following:
6222 1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
6223 forfeitures, donations, redevelopment tax increment income, and all other monies
6224 dedicated to affordable and special needs housing received by the city from federal, state,
6225 or local governments;
6226 2. Real property contributed to or acquired by the city under other ordinances
6227 for the purposes of preserving, developing, or restoring affordable housing;
6228 3. Monies appropriated to the fund by the council; and
6229 4. Contributions made specifically for this purpose from other public or
6230 private sources.
6231 5. CDBG, ESG, and HOPWA monies only as designated by the city's
6232 community development advisory board and approved by the mayor and city
174
LEGISLATIVE DRAFT
6233 council, and HOME monies only as designated by the city's housing trust fund advisory
6234 and appeals board and approved by the mayor and city council.
6235 B. The monies in the fund shall be invested by the city treasurer in accordance with
6236 the usual procedures for such special accounts. All interest or other earnings derived from fund
6237 monies shall be deposited in the fund.
6238
6239 SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
6240 Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6241 Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
6242 2. Amount Oof Penalty: Civil penalties shall accrue as follows:
6243 a. Violations of the self-certification standards established by the City: Fifty
6244 dollars ($50.00) per violation per day. If more than ten (10) violations exist,
6245 the daily penalties shall double.
6246 b. Failure to obey an interpretation, decision or requirement of the Housing
6247 Advisory and Appeals Board: Twenty five dollars ($25.00) per violation per
6248 day.
6249
6250 SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
6251 Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
6252 Penalties: Appeals) shall be, and hereby is amended as follows:
6253 6. Appeals:
6254 a. Appeals Contesting Tthe Existence Oof Aa Violation:
6255 (1) Appeals contesting the existence of the violation must be done in
6256 accordance with Section 18.12.030filed with the Housing Advisory and
6257 Appeals Board pursuant to section 5.14.125 of this chapter within thirty
6258 (30) days from the date the original notice of violation was issued.
6259 b. Appeals Contesting Tthe Amount Oof Tthe Penalties Imposed: any person
6260 receiving a notice of violation may appeal the civil fines imposed, but not the
6261 basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
6262 accordance with Section 18.12.050.
6263 (1) The Mayor, or his/her designee, shall appoint such Hearing Officer as the
6264 Mayor, or his/her designee, deems appropriate to consider matters relating
175
LEGISLATIVE DRAFT
6265 to the violation of this chapter. The Hearing Officer shall have the
6266 authority to hear evidence, reduce or eliminate penalty amounts, and to
6267 make such equitable adjustments as he/she deems appropriate.
6268 (2) Any person receiving a notice of violation may appear before a Hearing
6269 Officer to appeal the amount of the penalty imposed. However, no party
6270 may appear before a Hearing Officer until violations identified have been
6271 corrected and a notice of compliance has been issued.
6272 (3) The Hearing Officer shall maintain complete and permanent records of all
6273 inspections and decisions.
6274 (4) The burden to prove any defense shall be upon the person raising such
6275 defense.
6276 (5) Commencement of any action to remove or reduce penalties shall not
6277 relieve the responsibility of any person cited to make payment of
6278 subsequently accrued civil penalties nor shall it require the City to reissue
6279 any of the notices required by this chapter.
6280 (6) The Hearing Officer may adjust, reduce or eliminate penalties or create
6281 payment plans relating to penalties accrued by the person cited. In the
6282 administration of this duty, the Hearing Officer may reduce or eliminate
6283 penalties based upon any circumstance or other equitable consideration the
6284 Hearing Officer finds to be applicable. In cases where the administrative
6285 process has not been followed by the division, the Hearing Officer has the
6286 authority to reduce or eliminate penalties.
6287 (7) Payment plans may be created by the Hearing Officer. Although the
6288 Hearing Officer has the ultimate authority in establishing the payment
6289 schedule, the minimum payment schedule provided by the Department of
6290 Community and Neighborhoods should be followed. Once a payment
6291 schedule has been developed by the Hearing Officer, and agreed to by the
6292 person cited, failure to submit any two (2) payments as scheduled will
6293 require payment of the entire amount of the original penalty immediately.
6294
6295 SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
6296 the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
6297 be, and hereby is repealed in its entirety as follows:
6298 5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
6299 DETAILS:
6300 A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
6301 building official. The appellant shall state the specific order or action protested and a statement
176
LEGISLATIVE DRAFT
6302 of the relief sought, along with the reasons why the order or action should be reversed, modified
6303 or otherwise set aside.
6304 B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
6305 provisions of this section shall constitute a waiver of the person's right to an appeal.
6306 C. Inspection Of The Premises: Before any hearing is held by a Housing Advisory
6307 and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
6308 of such inspection shall be given to the notified party filing the appeal, who may be present at
6309 such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
6310 the record the material facts observed at the inspection, which facts shall be read at the initiation
6311 of the hearing. Failure of the notified party to provide access without good cause as determined
6312 by the building official shall not constitute a reason for the hearing to be postponed and the
6313 appeal may be denied.
6314 D. Written Notice: Written notice of the time and place of panel hearings shall be
6315 mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
6316 Appeals Board.
6317 E. Appeals Hearing: Any notified party may appear personally or authorize a
6318 designee to act in their behalf. The City and any notified party may call and examine witnesses
6319 on any relevant matter, introduce documentary and physical evidence, and cross examine
6320 opposing witnesses. Any relevant evidence shall be admitted.
6321 F. Record: A record of the entire proceeding of all appellate hearings under this
6322 section shall be made by tape recording, or by any other means of permanent recording
6323 determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
6324 retained on file in accordance with the City's record retention schedule.
6325
6326 SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
6327 Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
6328 the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
6329 consolidated fee schedule shall be published on the official Salt Lake City website.
6330
6331 SECTION 29. Effective Date. That this ordinance shall become effective on the date of
6332 its first publication.
6333
177
LEGISLATIVE DRAFT
6334 Passed by the City Council of Salt Lake City, Utah this ___ day of ____________ 202__.
6335
6336 ______________________________________
6337 CHAIRPERSON
6338
6339 ATTEST:
6340
6341 _________________________
6342 CITY RECORDER
6343
6344
6345 Transmitted to Mayor on ____________________________.
6346
6347 Mayor’s Action: _________ Approved. ____________ Vetoed.
6348
6349
6350 _______________________________________
6351 MAYOR
6352
6353
6354
6355
6356 (SEAL)
6357
6358 Bill No. _______ of 202__.
6359 Published: __________________
63606361 Ordinance amending Title 18 administration_v6
178
LEGISLATIVE DRAFT
6362
6363 EXHIBIT A
6364
6365
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $129500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee
Residential Years 1&2
Non-Residential Years 1&2
Residential Years 3-5
Non-Residential Years 3-5
Residential Years 6 or more
Non-Residential Years 6 or more
$1,546
$3,000
$6,000
$6,000
$9,000
$9,000
$14,000
Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,000 Per parcel 18.48.215
Late penalty for registration fee
nonpayment
$25 Per 30 days (or any partial month)
until paid
18.48.215
Other abatement administrative cost $129 Plus actual costs for weed
abatement and other adatement
work
18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.2570
18.48.2570
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $2550 18.50.100.D
Hazardous condition $50100 18.50.100.D
Imminent danger condition $75250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020
6366
6367
__________________
ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
Jill Love 05/09/2024
Jill Love (May 9, 2024 09:14 MDT)Date Received:
Jill Love, Chief Administrative Officer Date sent to Council: 05/09/2024
TO:Salt Lake City Council DATE: 05/07/24
Victoria Petro-Eschler, Chair
FROM:Blake Thomas, Director of Community & Neighborhoods
_
SUBJECT:Proposed Text Amendments to Title 18
STAFF CONTACTS: Troy Anderson t.anderson@slcgov.com; Craig Weinheimer
craig.weingheimer@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Consider and adopt the attached ordinance
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: The City Council is being asked to adopt a text amendment to
an existing ordinance. This city-initiated petition is proposing changes to Title 18 Buildings and
Construction. Title 18 has not received a comprehensive update to keep pace with state law and
administrative practices in decades. The changes are necessary to bring the city's building
regulations into compliance with state law by adopting certain uniform building codes as well as
modernizing administrative procedures. This proposal increases fees associated with the boarded
building program to reflect the city’s actual cost of regulation, eliminates code that is duplicative
or irreconcilable with state-wide adopted building codes, creates an administrative enforcement
mechanism for building code violations, updates existing residential housing standards based on
precedent from the housing advisory appeals board, and creates one standard appeal process to a
streamlined board of appeals and examiners for any violation of Title 18. The proposal also updates
portions of Title 21A related to zoning enforcement to reflect existing city administrative practices
and increases daily fines associated with uncorrected zoning violations.
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
PUBLIC PROCESS:
October 26, 2023 - The Early Notice Letter was sent to recognized community
organizations and all boarded building property owners of record.
October 27, 2023 – The city website for the proposal was posted to the Planning webpage.
January 11, 2024 – Planning Commission agenda was posted on the Planning webpage.
January 24, 2024 – Planning Commission recommends City Council approve the proposal.
EXHIBITS:
1.Memorandum Updates
2.Planning Commission Staff report
3.Proposed Ordinance
1. Memorandum Updates
To: City Council Members
From: Craig Weinheimer
Date: March 14, 2024
Re: Title 18 changes
proposal
DEPARTMENT of COMMUNITY and NEIGHBORHOODS
A Planning Commission meeting was held on January 24, 2024 in which Building Services
provided a presentation outlining proposed changes to Title 18. The Planning Commission
voted to recommend approval to the City Council. Since this time, Staff have identified a few
changes to the proposal:
1.Boarded Buildings Fee Study
The Finance Department conducted a cost analysis and found that each boarded building
permit cost the City a total of $22,537 annually between Civil Enforcement and emergency
services (i.e., Police and Fire). Upon further investigation the Finance Department has
corrected the fee study reporting a total of $15,551 for each boarded building annually.
2.Boarding Registration Late Fee and Interest.
The Title 18 proposal provided to the Planning Commission identified in section 18.48.125 a
late penalty and interest provision that was not in accordance with Finance Department
procedures as found in Title 3.16.040. This has been corrected in the most recent proposal.
3.Boarded Building Registration Fee Amount
The Fee Study cited in the proposal has identified an operating cost of $15,551 and a maximum
proposed fee increase to be $14,000 due to small claims collections requirements. The current
renewal fee is $1,546. Building services is recommending potential boarding registration fee
increases in the range of $3,000, $6,000, or $14,000 per year.
MEMORANDUM
BUILDING SERVICES DIVISION
2. Planning Commission Staff Report
ATTACHMENTS:
To: Salt Lake City Planning Commission
From:Craig Weinheimer, Civil Enforcement Legal Investigator,
craig.weinheimer@slcgov.com , 801-535-6682
Date:January 24,2023
Re:PLNPCM2023-00868, Building Code Administration and Enforcement
Building Code Administration & Enforcement
REQUEST:
This city-initiated petition is proposing changes to Title 18 Buildings and Construction. Title 18
has not received a comprehensive update to keep pace with state law and administrative practices
in decades. The changes are necessary to bring the city's building regulations into compliance with
state law adopting certain uniform building codes as well as modernizing administrative
procedures. This proposal increases fees associated with the boarded building program to reflect
the city’s actual cost of regulation, eliminates code that is duplicative or irreconcilable with state-
adopted building codes, creates an administrative enforcement mechanism for building code
violations, updates existing residential housing standards based on precedent from the housing
advisory appeals board, and creates one standard appeal process to a streamlined board of appeals
and examiners for any violation of Title 18. The proposal also updates portions of Title 21A related
to zoning enforcement to reflect existing city administrative practices and increases daily fines
associated with uncorrected zoning violations.
RECOMMENDATION:
That the planning commission recommends that the city council adopt the proposal.
ATTACHMENT A: Proposed Ordinance Amending Title 18
ATTACHMENT B: Public Process & Comments
This proposal is a comprehensive update to Title 18, with related updates to enforcement and
appeal mechanisms for zoning violations (which are found in Title 21A and that are enforced by
building services). The four substantive changes fall into the following categories: Boarded and
Vacant Building Program; Building Code Enforcement Process; Housing Code Updates; Removal
of Duplicative or Overlapping Codes; and Zoning Code Enforcement Updates.
Boarded and Vacant Building Program (Sections 18.48.200-260)
Staff Report
BUILDING SERVICES DIVISION
PROJECT DESCRIPTION:
In 2022, the city council requested that the administration propose a change in boarded building fees to
capture the full city cost of both monitoring/boarding and emergency services at those properties. The intent
was to increase boarding permit fees to recuperate the city costs related to administering the inspection and
monitoring of dangerous/boarded buildings. The finance department conducted a cost analysis, and the
findings were that each boarded building permit costs the city a total of $22,537 annually between building
services and emergency services (police and fire). The city currently charges $902 for the initial year permit
fee and $1,546 for subsequent years.
Updates to this program reflected in this proposal are as follows:
Changing the program from an annual boarding permit to an annual registration. This type of
boarded or vacant building registry was instituted in other cities during the Great Recession. A
registry more accurately reflects the nature of the city’s monitoring and regulation, since boarding
does not necessarily occur every year (as a permit suggests).
Recording notices against the title on properties on the registry to let any interested buyer know that
(1) the property is subject to the registry with annual registration fees, and (2) that boarding costs
actually incurred by the city may be outstanding (which fees could be a lien against the title once
sent to the Salt Lake County Treasurer).
Incorporates a standard citation and appeal process, which will be the same for any Title 18
violation (found in Chapters 18.24 and 18.12).
Increase the annual fee to $14,000 or less. This would result in the recuperation of 62% of the actual
city costs. The current fee structure has an initial year fee and an annual fee for subsequent years.
The proposal is to amend the initial year fee and make it the same amount as the subsequent yearly
fee. The main reason is to simplify the process of tracking and collecting unpaid fees.
Increase the administrative cost fee and the late penalty fee. The administrative cost fee is only
charged when a city contractor performs boarding on private property, and it’s an excellent way to
penalize those property owners who are not involved in the boarding and maintenance of their
property. The current fee is $129. This proposal would increase the fee to $2,000 for each instance
of boarding. The late penalty fee is currently $25 for every thirty days in which the annual fees are
not paid. We propose an increase to $100 for this fee.
Building Code Enforcement Process (Chapters 18.12, 18.24, and 2.21, and Section 5.14.125)
Building services has experienced a number of recent impediments to an effective enforcement and citation
appeal process. First, state-adopted building code requires that the city have a board of appeals and
examiners, but this five-member board was difficult to keep staffed by qualified persons. Second, the
Housing Advisory Appeals Board is a separate ten member board that required additional staff to administer
and sometimes reached conclusions that were difficult to justify. Third, Title 18 did not have a general civil
citation and appeal process (except that a stop work order could be issued pursuant to state adopted building
codes). Fourth, subject-specific portions of Title 18 had specific citation and appeal processes, which were
not consistent with one another, making any enforcement process unduly difficult. And finally, recent
construction problems have resulted in building services revisiting the current tools and fines available in
the event contractors and owners refuse to correct violations. The current general Title 18 enforcement
process relied on criminal proceedings and only a couple of discrete violations (such
as building without a permit) could be enforced through Title 21A, which is the zoning ordinance. In order
to address these issues Titles 18, 2, and 5 have been revised as follows:
The board of appeals and examiners has been streamlined to require only one appeal hearing
officer, along with the building official as an ex-officio member (this building official status on
the board is consistent with state-adopted building code).
The Housing Advisory Appeals Board is being eliminated in favor of one appeal body – the board
of appeals and examiners (which the city must have according to state-adopted building code) – to
reduce administrative burden and keep appeal processes consistent.
A standard appeal process for any violation of Title 18 has been added to Chapter 18.12. This
process is nearly identical to an appeal of an administrative decision made pursuant to Title 21A.
A fines-only appeal process for any violation of Title 18 has been added to Chapter 18.12. This
process is identical to the fines-only appeal process for a zoning code violation.
Significant changes to Chapter 18.24 were made to describe the city’s remedies in the event of a
violation of Title 18, which will now include a civil citation and civil fines process. This process
is nearly identical to the process for citing and fining individuals and businesses for zoning
violations.
New fines are being adopted now that a civil citation process has been created within Title
18. General violations will be $100 per day; violation of a stop work order will be $250 per day;
housing code (Chapter 18.50) violations will be between $50 and $200 per day depending on the
severity of the violation.
Currently Title 18 only permits enforcement by stop work order and criminal proceedings. With these new
standardized enforcement and appeal processes, in addition to the criminal proceedings, we will have a
more effective tool to get properties and construction projects into compliance. The current cost for criminal
violations of the building code is a $1,000 fine, double permit fees, a stop work order, or a re-inspection fee
of $75.00. This process works well in the majority of the enforcement cases we have. However, like most
cities, pursuing criminal citations for these type of municipal ordinance violations are rare. The other
remedies and fines are low enough to be completely ignored by some property owners and builders. If we
can implement the assessment of daily fines for civil violations it will make the fines high enough that they
will not be ignored by the property owner or contractor. This will give us a better enforcement tool for
future construction violations and decrease the number of violations not rectified.
Housing Code Updates (Chapters 18.50 and 18.96)
The Existing Residential Housing Code in Chapter 18.50, originally enacted in 1995, made reference to
building, plumbing, mechanical, and electrical codes that were adopted at the time under the umbrella of
the Uniform Building Codes. These UBC codes have since been replaced in Utah with the International
Construction Codes. This proposal will update code references in Chapter 18.50 to conform with the Utah
adopted ICC codes. The Fit Premises codes in Chapter
18.96 set forth certain rental housing standards. Some of these codes have been preempted by state law,
and therefore needed to be removed. These chapters were also revised to incorporate
APPROVAL PROCESS AND COMMISSION AUTHORITY
the standard citation and appeal process for any Title 18 violation, though residential rental housing owners
will have the right to a warning notice before a citation is issued. In addition to removing old references to
the UBC and replacing them with current state-adopted building codes, some standards have also been
revised to incorporate standards unofficially implemented for many years in Salt Lake City by the HAAB
board.
Removal of Duplicative or Overlapping Codes
Since Title 18 has not been comprehensively updated in decades there are many chapters that are no longer
being used because the subject matter is already comprehensively covered in the state- adopted building
codes, or in Title 21A. In order to streamline the code and eliminate such duplication or overlap, Section
18.28.050 and Chapters 18.32, 18.36, 18.48 article 1, 18.56, and
18.92 are being removed.
Zoning Code Enforcement Updates (Chapter 21A.20)
As part of implementing a civil citation and fine process within Title 18, certain amendments to the zoning
enforcement chapter (Chapter 21A.20) are necessary to reflect building services’ current enforcement
procedures. These amendments reflect the following changes:
Consistent with other revisions to Title 21A, definitions are being moved to the general zoning
definitions chapter (21A.62).
Building services current citation process is now reflected, including when a notice and order can
be issued, what it needs to include, how it needs to be sent, and a recipient’s ability to appeal the
notice and order.
Zoning violations fines are being increased from $25 to $50 per day for residential properties and
from $100 to $200 per day for commercial properties. Zoning fines have not been increased since
approximately 1999 (and some zoning violations pre-1999 were subject to fine amounts that are
identical to the amounts being proposed in the current amendments).
A new fine amount for failing to have a certificate of appropriateness for work on the exterior of
historic district properties is proposed at $50 per day, but if the work that was done is a full or
partial demolition of a contributing or landmark structure, then the fine would be $250 per day.
Clarifying that citation notices can be sent by any reputable mail tracking service that confirms
delivery, as opposed to just by “certified mail” or “commercial courier service.”
The planning commission is a recommending body for code amendments pertaining to land use regulation.
Because some of the amendments impact land use, the building services division is bringing all of the amendments
to the planning commission for review and recommendation. The planning commission can consider
forwarding the proposal to the city council for adoption as is, with modification as to any land use related
aspect of the proposal provided the modification complies with applicable state and federal laws or recommend
that the proposal not be adopted. If considering
KEY CONSIDERATIONS
STAFF RECOMMENDATION
modifications, the commission can provide clear direction to building services staff regarding the changes
and ask that the changes be made prior to sending the proposal to the council for consideration, provide staff
with exact wording (or deletions) that are desired, or table the matter with clear direction to staff to make specific
changes that will be reviewed by the commission at a later date. The commission should note that this item is
time-sensitive because the council has directed that the building code enforcement updates reflected in the
proposed ordinance be sent to the council before the affordable housing incentives ordinance is set to take effect
on April 30, 2024. Tabling the matter may create a risk in complying with the council’s request. If a
commissioner has an issue with any aspect of the code, it is recommended to contact staff as soon as possible
so we are prepared for the public hearing.
The key considerations listed below were identified through the analysis of the project:
1.How the proposal helps implement city goals and policies.
2.Compliance with Utah Code.
3.Impact on zoning code.
Consideration 1: How the proposal helps implement city goals and policies
This proposal accomplishes city goals by pursuing administrative efficiency, administrative
transparency, and charging fees commensurate with the city’s actual regulation costs.
Consideration 2: Compliance with Utah Code
This proposal is necessary to bring the city’s building and construction code title into conformance with state-
adopted building codes.
Consideration 3: Impact on the zoning code
This proposal does not negatively impact the zoning code. Definitions in Title 18 were reconciled with existing
definitions in Title 21A. Overlapping regulations were also eliminated (to maintain such regulations within
Title 21A that are not appropriate for construction regulation under Title 18). No substantive zoning standards
are being amended in Title 21A through this proposal. Rather, the enforcement portions of Title 21A are
being updated to reflect building services’ existing zoning enforcement processes, as well as increase or
create fines for violations that previously had no fine attached.
The planning commission should recommend that the city council adopt the proposed changes to Title 18
and the relevant portions of Title 2, 5, and 21A based on the information presented in this staff report
This proposal will be presented to the City Council regardless of the recommendation of the commission
because it is a code amendment, and the city council has final approval authority for all city code amendments.
To eliminate inconsistencies with state-adopted building codes and reflect the city’s current zoning enforcement
procedures Title 18 should be updated. The division of building services expects the city council to adopt this
proposal. However, there may be aspects of the proposal that are modified by the city council. The council can
modify any aspect of the proposal because the entire title of code is under consideration.
NEXT STEPS
3. Proposed Ordinance
1
1
SALT LAKE CITY ORDINANCE
No. of 2024
(An ordinance amending the text of Titles 2, 5, 18 and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes)
An ordinance amending the text of Titles 2, 5, 18, and 21A of the Salt Lake City Code to
modernize the administration, enforcement, and appeals procedures applicable to the state
construction codes pursuant to Petition No. PLNPM2023-00868.
WHEREAS, the Salt Lake City Planning Commission (“Planning Commission”) held a
public hearing on January 24, 2024 to consider a petition by the Salt Lake City Council (“City
Council”) to amend various provisions of Titles 2, 5, 18 and 21A of the Salt Lake City Code
pursuant to Petition No. PLNPM2023-00868; and
WHEREAS, at its January 24, 2024 meeting, the Planning Commission voted in favor of
transmitting a positive recommendation to the City Council on said petition; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the text of Salt Lake City Code Chapter 18.04. That Chapter
18.04 of the Salt Lake City Code (Administration and Enforcement: Administration and General
Provisions) shall be, and hereby is amended as follows:
CHAPTER 18.04
ADMINISTRATION AND GENERAL PROVISIONS
18.04.010: DIVISION OF BUILDING SERVICES:
This title establishes the duties of the division of building services.
2
18.04.020: DEFINITIONS:
A. Where undefined terms are used in this title, the definitions of "Webster's
Collegiate Dictionary" shall apply.
B. All words and phrases defined in this section shall be given such defined
meanings wherever used in this title, including the following:
BUILDING OFFICIAL: Means and refers to the director of the division of building services, or
his/her designee.
DEVELOPMENT: any building activity or clearing of land as an adjunct of construction.
DEVELOPMENT ACTIVITY: shall have the same meaning as defined in Utah Code §10-9a-
103 or its successor provisions.
DIVISION: Means and refers to the division of building services of the city.
ENFORCEMENT OFFICIAL: any person employed by and authorized by the city to enforce
violations of state law or this title, including, but not limited to, building inspectors, the building
official, fire marshals, and civil enforcement officers.
NONCOMPLIANT PROPERTY: property where one or more violations of this title have
occurred or are currently occurring.
NOTICE OF NONCOMPLIANCE: a document, in any form, giving notice to interested parties
that one or more violations of city code exist on the noncompliant property.
PERSON: any individual, receiver, assignee, trustee in bankruptcy, trust, estate firm, co-
partnership, joint venture, club, company, joint stock company, business trust, limited liability
company, corporation, association, legal entity, society or other group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit or otherwise.
RESPONSIBLE PARTY: means the person(s) determined by the city who is responsible for
causing, maintaining, or allowing the continuation of a violation of this title. This may include,
but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder,
contractor, business owner, or other person who individually or together with another person is
responsible for causing, maintaining, or allowing the continuation or a violation of any provision
of the code.
18.04.030: RESERVED
18.04.040: BUILDING AND CONSTRUCTION CODES ADOPTED:
The following codes, as adopted by the State of Utah, along with any adopted appendices are
hereby adopted as part of the code of Salt Lake City:
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The International Building Code, as promulgated by Title 15A of the Utah State Code;
The International Residential Code, as promulgated by Title 15A of the Utah State Code;
The International Fire Code;
International Existing Building Code;
International Energy Conservation Code;
International Fuel Gas Code;
National Electrical Code;
The International Mechanical Code;
The International Plumbing Code;
The International Swimming Pool and Spa Code;
Rule R156-56 of the Utah Administrative Code;
ICC/MBI 1205-2021 Standard for Off-Site Construction: Inspection and Regulatory
Compliance, or its successor, and
1997 Uniform Code for the Abatement of Dangerous Buildings
18.04.050: RESERVED
18.04.060: RESOLUTION OF CONFLICTING PROVISIONS:
Wherever conflicting provisions or requirements of the codes adopted in Section 18.04.040 or
the provision of this title occur, the most restrictive provisions or requirements shall govern. In
the event a provision of this title conflicts with an is more restrictive than the codes adopted in
Utah Code Title 15A, the provisions of Title 15A shall govern.
18.04.070: LIABILITY LIMITATIONS:
Nothing in this title shall be construed to relieve or lessen the responsibility of any contractor,
owner, or any other persons involved, for apparatus, construction or equipment installed by or
for them, for damages to anyone injured or damaged either in person or property by any defect
therein, nor shall the city or any employee thereof be held to assume any liability by reason of
the inspections authorized herein, or the certificate of occupancy issued by the building official.
SECTION 2. Amending the text of Salt Lake City Code Chapter 18.08. That Chapter
18.08 of the Salt Lake City Code (Administration and Enforcement: Organization) shall be, and
hereby is amended as follows:
CHAPTER 18.08
ORGANIZATION
18.08.010: DIVISION ESTABLISHED:
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There is established, in the department of community and neighborhoods, a subordinate division
of building services, to be under the supervision of the building official. The function of the
division shall be the implementation, administration and enforcement of the provisions of this
title.
18.08.020: POWERS AND DUTIES OF THE DIVISION:
The functions of the division of building services shall be:
A. To enforce the zoning laws of Salt Lake City;
B. To carry out, enforce and perform all duties, provisions and mandates designated,
made and set forth in the ordinances of the city concerning building, plumbing, electrical and
mechanical construction, and construction related fire suppression;
C. To examine and approve all plans and specifications before building permits shall
be issued, and to inspect or cause to be inspected all buildings and structures erected in the city;
and
D. To perform all of the functions and have all of the powers required of and
conferred on the building official by the ordinances of the city.
18.08.030: BUILDING OFFICIAL; EMPLOYMENT:
The mayor shall employ a qualified building official and such other employees of the division
that may from time to time be required to perform the functions of this title, at such
compensation and for such periods of time as the mayor may deem proper.
18.08.040: BUILDING OFFICIAL; POWERS AND DUTIES:
The building official shall maintain public office hours necessary to efficiently administer the
following duties:
A. Maintain an official register of all persons, firms or corporations lawfully entitled
to carry on or engage in the businesses regulated by this title to whom a current license has been
issued by the department of contractors of the state;
B. Issue building permits to properly licensed persons, firms or corporations for
work to be done within the scope of this title;
C. Administer and enforce the provisions of this title in a manner consistent with the
intent thereof, and inspect all work authorized by any permit, to assure compliance with
provisions of this title or amendments thereto, approving or condemning such work in whole or
in part, as conditions require;
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D. Issue a certificate of approval or certificate of occupancy for all work approved by
him/her;
E. Require correction or reject all work done or being done, or materials used or
being used which do not in all respects comply with the provisions of this title and amendments
thereto;
F. Order changes in workmanship and/or materials essential to obtain compliance
with all provisions of this title;
G. Investigate any construction or work regulated by this title and issue such notices
and/or stop work orders which are necessary to prevent or to correct dangerous or unsanitary
conditions;
H. Recommend revocation of contractor licenses to the state department of business
regulation for cause;
I. Authorize any utility to make necessary connections for power, water or gas to all
applicants for such power or water in the city, when the installation and all facets of the
construction or remodel project conform to this title
J. Verify that buildings not built on site in Salt Lake City (Factory Built Buildings)
are built, inspected, and installed in accordance with the "ICC/MBI Standard for Off-Site
Construction: Planning, Design, Fabrication and Assembly", or its successor document. In order
for the building official to allow occupancy of qualifying structures, units delivered on site must
be provided with a permanently affixed tag identifying the technical code versions, with Utah
State Amendments, under which they were built. Individuals making the inspections must be
certified and licensed building inspectors in the State of Utah; and
K. The building official may render interpretations of this title and adopt and enforce
rules and supplemental regulations pursuant to adopted state construction codes to clarify the
application of its provisions. Such interpretations, rules and regulations shall conform to the
intent and purpose of this title, and shall be made available in writing for public inspection upon
request.
18.08.050: BUILDING OFFICIAL; DELEGATION OF AUTHORITY:
The building official may delegate any of his/her powers and duties.
18.08.060: BUILDING OFFICIAL; UTILITY DISCONNECTION AUTHORITY:
The building official, or the building official's authorized representative, shall have the authority
to disconnect or order discontinuance of any utility service or energy supply to buildings,
structures or equipment therein regulated by this code, in cases of emergency or where necessary
to protect life and property. Such utility service shall be discontinued until the emergency or
threat to life or property has ceased.
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18.08.070: BUILDING OFFICIAL; LIABILITY LIMITATIONS:
The building official, appeals hearing officer, fines hearing officer, or enforcement officials,
when acting for the city in good faith and without malice in the discharge of his/her duties, shall
not thereby render himself/herself liable personally, and the same are hereby relieved from all
personal liability for any damage that may accrue to persons or property as a result of any act
required or by reason of any act or omission in the discharge of such official's duties.
18.08.080: BUILDING OFFICIAL; RIGHT OF ENTRY FOR INSPECTIONS:
The building official and any enforcement official shall have the right of entry, within reasonable
hours, to any building or premises for the purpose of inspection, or to investigate any work or
conditions governed by this title.
18.08.090: BUILDING OFFICIAL; CONFLICT OF INTEREST PROHIBITED:
The building official and his/her assistants shall not in any way engage in the sale or installation
of equipment or supplies upon which they are required to make inspection under this code.
SECTION 3. Amending the text of Salt Lake City Code Chapter 18.12. That Chapter
18.12 of the Salt Lake City Code (Administration and Enforcement: Board of Appeals and
Examiners) shall be, and hereby is amended as follows:
CHAPTER 18.12
BOARD OF APPEALS AND EXAMINERS
18.12.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the board of appeals and examiners
except as otherwise set forth in this chapter.
18.12.020: BOARD OF APPEALS CREATED; PURPOSE AND AUTHORITY:
In order to (1) hear and decide appeals of orders, decisions or determinations made by the
building official relative to the application and interpretation of this title, including any state
construction code adopted pursuant to Section 18.04.040, or (2) hear and decide appeals of
orders by enforcement officials, there shall be and is hereby created a board of appeals and
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examiners comprised of an appeals hearing officer and the building official. The building official
shall be an ex officio member of said board but shall not have a vote on any matter before the
board. The mayor may appoint more than one appeals hearing officer, but only one appeals
hearing officer shall consider and decide upon any matter before the board. The appeals hearing
officer may serve consecutive four year terms upon the advice of the mayor and consent of the
city council. The appeals hearing officer need not be a resident of Salt Lake City. The board shall
provide for reasonable interpretations of the provisions of this title and the appeals hearing
officer shall be qualified by experience and training to pass upon matters pertaining to building
construction, housing, and abatement codes and technical disciplines set forth in this title. The
board shall hear and decide appeals where it is alleged there is an error in any order, requirement,
decision or determination made by an administrative official in the enforcement of this title.
18.12.030: PROCEDURE FOR APPEALS TO THE BOARD OF APPEALS &
EXAMINERS:
Appeals of decisions by the building official or enforcement officials shall be taken in
accordance with the following procedures:
A. Form: The appeal shall be filed using an application form provided by the
building official. To be considered complete, the application must include all information
required on the application, including but not limited to identification of the order, decision or
determination being appealed, the alleged error made by stating each fact and every theory of
relief on appeal and one or more reasons the appellant claims the administrative decision is in
error. Incomplete applications will not be accepted.
B. Filing: The application must be submitted as indicated on the form by the
applicable deadline, together with all applicable fees as set forth in the Salt Lake City
consolidated fee schedule. The applicant shall also be responsible for payment of
all fees established for providing the public notice required by the Utah Open and Public
Meetings Act, in accordance with the consolidated fee schedule, including costs of mailing,
preparation of mailing labels and all other costs relating to notification. All fees are due at the
time of filing the appeal. An appeal will not be considered complete until all applicable fees are
paid.
C. Parties Entitled to Appeal. An applicant, a board or officer of the city, or an
adversely affected party, as that term is defined by Utah Code 10-9a-103, or its successor, may
appeal.
D. Time for Filing an Appeal; Time for Hearing: The deadline for filing a complete
application for appeal is 10 days from the date of the decision, determination or order. Each
appeal shall be reviewed informally by the board no later than 45 days from the date of filing of
a written appeal, unless a later date is agreed to by the parties. Failure of any person to file an
appeal in accordance with the provisions of this section shall constitute a waiver of the person's
right to an appeal.
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A. Notice Required. Upon receipt of an appeal the board of appeals and examiners
shall schedule and hold a public hearing in accordance with the standards and procedures for
conducting public hearings set forth in Chapter 21A.10.
B. Standard of Review. The board shall conduct each appeal de novo. The
appellant has the burden of proving the decision appealed is incorrect. The board shall render a
decision based upon the applicable law. The board shall afford due process to the parties on
appeal. Each party may call such witnesses and present such evidence as it deems appropriate,
provided such evidence is not unduly cumulative or irrelevant as determined by the board.
Hearings shall be conducted informally. After hearing all evidence and legal arguments
presented by the parties, the board shall apply the plain language of the applicable law and
issue a written decision on the merits of all theories of relief the appellant raised in the appeal.
C. Effect of Decision. The decision of the board is a final decision of the city,
appealable to district court. No person may challenge in district court any order, decision, or
enforcement action taken pursuant to this title unless and until that person has exhausted the
administrative remedies provided by this chapter.
D. Procedures. The proceedings of each appeal hearing shall be recorded and such
recordings shall be retained for a period that is consistent with city retention policies and any
applicable retention requirements set forth in state law. The building official shall adopt
policies and procedures, consistent with the provisions of this chapter, for processing appeals,
the conduct of an appeal hearing, and for any other purpose considered necessary to properly
consider an appeal.
E. No Automatic Stay: Filing an appeal does not stay the decision appealed, unless a
provision of this title specifically states otherwise.
F. Requesting a Stay: The board may grant a request submitted by any party to the
appeal to stay a decision of the building official or enforcement official for a specified period of
time or until the board issues a decision, if the requesting party can show a stay is necessary to
prevent substantial harm to the requesting party. No request is required if a provision of this title
imposes an automatic stay upon the filing of an appeal with the board. If a stay is requested, the
board shall make reasonable efforts to determine whether a stay is appropriate within 10 days of
the appeal being deemed complete. If the board does not decide a request for a stay within 10
days of the appeal being deemed complete, the request shall be presumed denied. No stay will be
authorized for incomplete appeals or appeals filed after the appeal deadline.
18.12.040: BOARD DECISIONS:
The board of appeals shall render all decisions and findings in writing to the parties within 14
days of the hearing on the appeal.
18.12.050: APPEALS OF CIVIL FINES & ABATEMENT COSTS:
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A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090, may hear and decide appeals of civil fines and abatement costs
imposed pursuant to this title. As set forth in this section, the fines hearing officer may affirm
civil fines, reduce civil fines, and approve civil fine payment schedules. The fines hearing officer
may affirm or reduce an abatement statement of costs and may approve abatement cost payment
schedules.
B. Right to Appear: Any responsible party receiving a notice and order or statement
of abatement costs may appear before a fines hearing officer to appeal the amount of the civil
fine or abatement cost imposed by submitting a statement of appeal on a form provided by the
division of building services. However, in the case of civil fines, no party may appear before a
fines hearing officer until violations for which the fines have accrued have been corrected.
Appeals to a fines hearing officer contesting the amount of the civil fine imposed must be filed
within 30 days from the date of compliance. Appeals to a fines hearing officer contesting the
statement of abatement costs must be filed within 20 days from the date the statement of costs is
delivered, but the only issue on such appeal is the amount of such costs and not the city’s
determination to incur abatement costs. Failure of any person to file an appeal in accordance with
the provisions of this section shall constitute a waiver of the person's right to an appeal.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any responsible party to correct the violation or make payment of
accrued civil fines nor shall it require the city to reissue any of the notices required by this
chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected and if any of the following conditions exist:
1. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
2. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
3. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after a notice of violation was issued and the new
property owner is not related by blood, marriage or common ownership to the prior
owner; or
4. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Notice Required. Upon receipt of an appeal of a statement of abatement costs the
fines hearing officer shall schedule and hold a public hearing in accordance with the standards
and procedures for conducting public hearings set forth in Chapter 21A.10.
F. Payment Schedule: At the request of a responsible party subject to civil fines or
abatement costs governed by this title, the fines hearing officer may approve a payment schedule
for the delayed or periodic payment of the applicable civil fine or abatement costs to
accommodate the person's unique circumstances or ability to pay.
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G. Failure to Comply with Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person to submit any 2 payments as
scheduled shall cause the entire amount of the original civil fine or abatement cost to become
immediately due, less any payments actually made.
18.12.060: JUDICIAL REVIEW OF BOARD'S DECISIONS:
The city, or any person aggrieved by any decision of the board or fines hearing officer as to
abatement costs, may appeal to district court so long as the petition for such relief is filed with
the court within 30 days of the board’s or fines hearing officer’s decision.
SECTION 4. Amending the text of Salt Lake City Code Chapter 18.16. That Chapter
18.16 of the Salt Lake City Code (Administration and Enforcement: Registration and Licenses)
shall be, and hereby is amended as follows:
CHAPTER 18.16
LICENSES
18.16.010: STATE CONTRACTOR LICENSE REQUIRED:
Except as provided in Section 18.20.070, every applicant for a permit issued pursuant to this title
shall furnish evidence that such applicant is currently licensed under the provisions of the Utah
contractor's license law as it presently exists or hereafter may be amended, giving the
classification and number of the license, and shall have secured all licenses required by the
ordinances of Salt Lake City.
18.16.020: EXCAVATION BOND REQUIRED:
Any person, firm or corporation properly licensed to do business in accordance with this title
who in the course of their work has occasion to excavate in the city streets, alleys or rights of
way shall file an additional bond with the city in the amount of $10,000.00, or such larger
amount as the city engineer may require.
18.16.030: LICENSE NOT TRANSFERABLE:
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It is unlawful for any contractor to use such contractor's license or to allow his/her license to be
used in any way for the purpose of procuring a bond or permit for any person other than such
contractor.
18.16.040: SALE OF UNAPPROVED MECHANICAL EQUIPMENT PROHIBITED:
It is unlawful for any dealer or person to sell, deliver or offer for sale any mechanical equipment
or apparatus that has not been approved by a recognized listing agency.
SECTION 5. Amending the text of Salt Lake City Code Chapter 18.20. That Chapter
18.20 of the Salt Lake City Code (Administration and Enforcement: Permits and Inspections)
shall be, and hereby is amended as follows:
CHAPTER 18.20
PERMITS AND INSPECTIONS
18.20.010: WORK REQUIRING PERMIT:
No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, improve,
remove, convert or demolish any building, structure or premises, or make any installation,
alteration or improvement to the electrical, fire, plumbing or mechanical system in a building,
structure or premises, or cause the same to be done, without first obtaining the prescribed permits
for each such building or structure or premises from the building official.
18.20.020: FEES:
A. Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B. Plan review fees shall be 65% of the building permit fees.
C. Fees to expedite building plan review as governed by Section 18.20.050 shall be 2
times the standard building plan review fee.
D. Penalties for not obtaining permanent certificate of occupancy will be $300.00 for
each month, after the initial 30 day temporary certificate of occupancy, which has no additional
cost associated with it; due before the first of the month and only allowed for up to 3 renewals
after the initial free 30 day period. Partial months will not be refunded.
E. Fees for renewing expired plan review after 180 days as governed by Section
18.20.110 shall be shown on the Salt Lake City consolidated fee schedule.
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A. A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
B. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.20.030: APPLICATION; FORM AND FILING:
To apply for a building permit the applicant shall first file an application on a form furnished by
the building official and pay the requisite fee therefor as established in the Salt Lake City
consolidated fee schedule.
18.20.040: APPLICATION; PLANS AND OTHER DATA:
Each application for a permit shall be accompanied by all required plans, diagrams and other
data required by the building official. The building official may require the plans and other data
to be prepared and designed by an engineer or architect licensed by the state to practice as such.
18.20.050: APPLICATION; REVIEW; PERMIT ISSUANCE CONDITIONS:
A. Application Review: Except as provided in subsection B of this section, the
application plans and data filed by an applicant for a building permit shall be checked by the
building official. Said application may be reviewed by other government agencies or
departments to check compliance with the laws and ordinances under their jurisdiction. No
building permit shall be issued unless and until the plans and specifications comply with all
applicable land use regulations, including but not limited to Title 21A. The building official may
issue a permit for the construction of part of a building or structure before the entire plans and
specifications for the whole building or structure have been submitted or approved, provided
adequate information and detailed statements have been filed complying with all pertinent
requirements of this title. The holder of such permit shall proceed at his or her own risk without
assurance that the permit for the entire building or structure will be granted.
B. Expedited Plan Review: A building permit applicant may seek an expedited
building plan review, provided that the applicant pay the expedited plan review fee set forth in
Section 18.20.020 of this title. The expedited building plan review may be conducted by a
qualified third party with significant experience conducting building plan reviews, as selected
and approved by the building official. The person(s) assigned to conduct the expedited building
plan review shall provide initial comments, including corrections to be made to the building
plans, within 10 business days of the date the application was filed and all fees paid.
C. Plan Review Expiration: If a building permit applicant fails to submit corrected
building plans in accordance with the comments and requirements of the building services
division or its authorized representative within 180 days of the division transmitting such
comments and requirements to the applicant, or if the applicant fails to pay the required building
permit fee within 180 days of the division informing the applicant that its building plans are
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approved and the building permit fee is due, the plan review shall expire at the end of such
period and the review become null and void. An expired plan review may be renewed, provided
that the applicant pay the plan review renewal fee established in Section 18.20.020 of this title,
however, no plan review may be renewed after 3 years from the original submission date or if
new versions of the codes adopted pursuant to Section 18.04.040 have come into effect since the
prior plan review was conducted.
18.20.060: PERMIT; ISSUED TO LICENSED CONTRACTORS ONLY:
Except as otherwise provided by this title, no building permit shall be issued to any person other
than a duly licensed contractor licensed by the State of Utah Division of Professional Licensing
or its successor.
18.20.070: HOMEOWNER PERMITS:
Any permit required by this title may be issued to any person to do any work regulated by this
title in a single-family dwelling used exclusively for such person's living purposes, including the
usual accessory buildings and quarters in connection with such buildings, provided that any such
person is a bona fide owner of any such dwelling and accessory buildings and quarters, and that
the same are occupied or designed to be occupied by such owner, and further provided that the
owner shall furnish the building official with a complete layout drawing of the proposed work,
satisfy the building official that he or she has a working knowledge of the code requirements,
performs the work himself or herself, pays the necessary inspection fees, and calls for all
inspections required by this title.
18.20.080: PERMIT; EFFECT OF ISSUANCE:
The issuance of a permit or approval of plans or other data shall not be construed to be a permit
for or an approval of any violation of any of the provisions of this title, Title 21A, or any rights
of third parties. The issuance of a permit based upon plans and other data shall not prevent the
building official from thereafter requiring the correction of errors in said plans and data or from
stopping construction activity being carried on thereunder when in violation of this title or any
other law. The city shall have no obligation to enforce the rights of third parties or recover
damages to third parties due to the acts or omissions of permit holders.
18.20.090: START OF WORK WITHOUT PERMIT; PENALTY FEES;
EMERGENCIES:
A. Whenever any work requiring a permit under this title is commenced without a
permit first having been obtained the building official may pursue enforcement of this title
pursuant to Chapter 18.24.
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A. Fee Increase When: Whenever any construction or work for which a permit is
required by this title is started or commenced without obtaining the prescribed permit, the fees
specified in this title may be increased by the building official up to a fee of 10% of the valuation
of the proposed construction as determined by the building official, or $1,000.00, whichever is
greater, but the payment of such increased fees shall not relieve any persons from fully
complying with the requirements of this title in the execution of the work nor from any other
penalties prescribed herein.
B. Exception; Emergency Work: This section shall not apply to emergency work
when it shall be proved to the satisfaction of the building official that such work was urgently
necessary and that it was not practical to obtain a permit therefor before the commencement of
the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if
there be an unreasonable delay in obtaining a permit, a double fee, as herein provided, shall be
charged.
18.20.100: PERMIT; DENIAL CONDITIONS:
The building official may refuse to issue any permit for work governed by this title to any person
who has a permit revoked in accordance with this title, or during such time as such person fails
to comply with any provision of this title or Title 21A. No permit shall be issued to the
responsible party for a property actively subject to enforcement proceedings by the city for
violations of this title or Title 21A, except for permits required to correct the violations.
18.20.110: PERMIT; EXPIRATION AND RENEWAL:
Every permit issued by the building official under the provisions of this title shall expire by
limitation and become null and void if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit or if the building or work authorized
by such permit is suspended or abandoned at any time after the work is commenced for a period
of 180 days. Before such work can be recommenced, the permittee must request that the permit
be renewed by the building official and the fee therefor shall be 1/2 the amount required for a
new permit for such work. Such renewal may be granted if such request is made prior to the
permit expiring upon the permittee demonstrating justifiable cause for the renewal, and provided
no changes have been made or will be made in the original plans or scope of such work. Such
renewal shall be denied if such request is made after the permit has expired and (1) municipal
regulations impacting the use, size, yard, space or other requirements concerning the proposed
structure or development have changed since the permit was issued, (2) material changes have
been made or will be made in the original plans or scope of work, or (3) justifiable cause does
not exist to allow the project to be renewed. In connection with renewing a permit that pertains to
construction of a new structure or substantial exterior alteration of a site the building official may
impose reasonable conditions regarding a deadline to complete the work, posting of a bond,
erection of fences, securing methods, and similar conditions to mitigate the hazards of and limit
the nuisances of ongoing construction.
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18.20.120: PERMIT; NOT TRANSFERABLE:
Building permits are non-transferable without completion of a permit transfer document
approved by the building official. When any construction activity regulated by this title is not
completed by the permittee identified in the permit and is instead completed by any other person,
such person shall procure a permit to cover the work he or she performs.
18.20.130: PERMIT; SUSPENSION OR REVOCATION:
The building official may, in writing, suspend or revoke a permit issued under provisions of this
title whenever the permit is issued in error, or on the basis of inaccurate information supplied, or
upon a finding of a violation of any ordinance or regulation of any of the provisions of this title
or Title 21A.
18.20.140: HEARING ON DENIAL OR REVOCATION OF PERMIT:
Any person adversely affected by the action of the building official made pursuant to Section
18.20.130 may appeal pursuant to Chapter 18.12, except that an appeal of a revocation or
suspension of a building permit based upon a finding of a violation of Title 21A shall be made to
the appeals hearing officer as set forth in Chapter 21A.16.
18.20.150: INSPECTION OF WORK:
A. All construction, work and equipment for which a permit is required shall be
subject to inspections by the building official. The building official may make or require any
inspection of any construction work to ascertain compliance with the provisions of this title and
other laws which are enforced by the division.
B. No construction, work or equipment regulated by this title shall be connected to
any energy, fuel or power supply or water system or sewer system until authorized by the
building official.
C. Prior to issuance of a building permit or during construction a survey of any lot or
parcel may be required by the building official to verify compliance with approved plans.
D. The building official shall not be liable for any expense entailed in the removal or
replacement of any material required to allow an inspection.
18.20.160: APPROVALS REQUIRED FOR ONGOING CONSTRUCTION:
No work shall be done on any part of the building or structure beyond the point indicated in each
successive inspection without first obtaining the written approval of the building official. Such
written approval shall be given only after an inspection shall have been made of each successive
step in the construction as indicated by each of the inspections required by the building official.
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18.20.170: REQUESTS FOR INSPECTIONS:
The building official may require that every request for inspection be made at least one day
before such inspection is required and in such method as prescribed by the building official. It
shall be the duty of the person requesting any inspections required by this title to provide access
to and means for proper inspection of such work. Nothing in this section shall be construed to
require the building official to perform an inspection within the notice period provided herein.
18.20.180: RESERVED
18.20.190: FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY:
A final inspection and building official approval are required on all buildings and structures
requiring a building permit prior to occupancy. Final inspection approval shall be issued in the
form of a certificate of occupancy. A building or structure shall not be used or occupied in whole
or in part, and a change in occupancy of a building or structure or portion thereof shall not be,
until the building official has issued a certificate of occupancy therefor. A certificate of
occupancy may, upon notice, be revoked by the building official if the building official finds that
elements of the property for which a certificate was issued have been changed or modified,
including a change in occupancy classification, without obtaining the requisite permits required
by this title.
18.20.200: REINSPECTIONS AND FEES:
A. A reinspection fee may be assessed:
1. When the approved plans are not readily available to the inspector;
2. For failure to provide access on the date for which the inspection is
required;
3. For deviating from plans requiring the approval of the building official.
B. In instances where reinspection fees have been assessed or reinspection is
necessary, no additional inspection of the work will be performed until the required fees have
been paid and the permittee calls for a reinspection. The reinspection charge shall be shown on
the Salt Lake City consolidated fee schedule and not exceed the amount shown on the Salt Lake
City consolidated fee schedule for each additional inspection required.
18.20.210: CLEANUP AND PROTECTION OF PUBLIC RIGHTS OF WAY:
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A. Each permit holder shall be responsible to see that vehicles used in the process of
carrying out the work authorized by the permit shall not track any mud, dirt or debris of any kind
upon any streets or sidewalks within the corporate limits of Salt Lake City Corporation unless a
permit has been obtained from the city engineer for use of a designated portion of the right of
way with provisions made to keep that portion of the right of way and adjacent areas cleared of
mud, dirt or debris of any kind. The permittee shall install a suitable process to clean the wheels
of the equipment prior to its leaving the job site and entering the streets of Salt Lake City
Corporation. The suitable process shall consist of:
1. A cleaning area and crew to clean mud and dirt off the wheels and exterior
body surface of the trucks, or its equivalent;
2. The cleaning area shall be arranged to furnish adequate draining to prevent
puddling; the cleaning area shall be kept mud free and may be on a macadam or concrete
slab;
3. The cleaning area shall be located on private property and arranged in
such a way that there is no blocking of vehicular or pedestrian traffic on city rights of
way except where permission has been granted by the city engineer;
4. The cleaning water or solution used for cleaning shall not be allowed to
enter the city streets, gutter, or storm drain or sanitary sewer system.
B. All trucks and equipment leaving the site with earthen materials or loose debris
shall be loaded and/or covered in such a manner as to prevent dropping of materials on city
streets and/or sidewalks.
C. Ramps constructed over curbs and gutters shall not interfere with or block the
passage of water along the gutter and shall be constructed of asphalt material that will not erode
or deteriorate under adverse weather conditions.
D. The permit holder shall install erosion and water runoff controls sufficient to
ensure that no stormwater, surface water, sediments or debris from the construction site shall
drain or wash or be tracked into any public right of way or other adjacent properties, including
curb and gutter, unless permission has been granted through the erosion control plan. These
controls shall be sufficient to cover any contingency, including, but not limited to, seasonal
storms, unseasonal storms, or methods of construction. The building official or the city engineer
may require, when in his/her discretion he/she deems necessary, an erosion control plan to be
submitted for approval. Such plan may be required any time during construction and must be
submitted within 5 days of the request. The building official or the city engineer may suspend all
work until the plan requested is approved. The permit holder will maintain all erosion control
facilities throughout the life of the construction project. He/she will monitor their effectiveness
after storms and make the necessary adjustments to ensure they function correctly.
E. The sidewalk and/or curb and gutter shall not be used for storage of debris, dirt or
excavated materials. In addition, the sidewalks shall not be removed, blocked or otherwise
rendered unusable by either the storage of construction equipment or materials or the
construction procedures used, unless a safe, usable alternate walkway along the same side of the
street is provided by the contractor unless a permit has been issued by the city engineer. All
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alternate walkways shall be ramped in accordance with handicap ramp requirements and so
constructed as to provide an all weather walking surface 4 feet wide as sound and smooth as the
normal concrete sidewalk.
F. The permit holder shall be responsible for the immediate removal of mud, dirt or
debris deposited on city streets, sidewalks and/or curb and gutters by equipment leaving the site
or by the permit holder's construction procedures.
G. If it becomes necessary for the city street crews to remove any mud, dirt, or debris
which has been deposited upon a street or sidewalk of Salt Lake City Corporation, the total cost
to the city of such removal will be charged to the property owner or permit holder, including
legal fees, if any. Payment of such charges will be made to the city prior to certification of final
inspections, utility clearances, and issuance of a certificate of occupancy.
H. The building official or the city engineer is empowered to suspend any permit
until the permit holder installs the necessary cleaning equipment and/or erosion control facilities
to ensure that no dust or debris is deposited upon the streets and sidewalks of Salt Lake City
Corporation. Such device shall operate in a manner satisfactory to the building official or the city
engineer.
18.20.220: WAIVER OR DEFERRAL OF FEES:
Nonprofit organizations may petition the city for the waiver or deferral of any or all fees required
by this title on an annual or project by project basis as provided below:
A. Petitions shall be filed with the division of housing stability.
B. Waivers shall not be granted for projects that are receiving 75% or more of their
funding directly or indirectly from state or federal agencies, except for projects that upgrade or
construct owner occupied housing or multiple dwelling units used for very low income housing
as provided by the guidelines established by the United States department of housing and urban
development.
C. Waiver requests shall be heard informally before the director of the department of
community and neighborhoods after notice of the hearing has been posted for 7 days in the office
of the city recorder.
D. The director of the department of community and neighborhoods may recommend
granting the waiver or deferral if he/she finds that the project or projects, and the sponsoring
nonprofit organization furthers the city's established low income housing goals to provide
housing for persons or families under 80% of the city's median income, as defined by the United
States department of housing and urban development, and also meets all applicable guidelines
established for any such programs by the United States department of housing and urban
development. The director may recommend that waivers may be granted for remodeling or
construction of offices for nonprofit housing corporations if he/she finds that such remodeling or
construction will save the corporation money and that such savings will be applied to a specific
housing project.
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E. The director’s recommendation will be made to the city council and considered at
a public meeting. The property owner of any project(s) for which a waiver or deferral of fees is
granted shall enter into, as applicable, (1) a restrictive covenant, in a form approved by the city
attorney, against the applicable property pertaining to the affordable housing that shall be
provided at the property, or (2) a binding agreement regarding the method in which the fee
savings shall be applied to a specific housing project.
F. Fee waivers or deferrals shall not be granted to any organization which owns,
operates, manages or is related by common ownership or management to any other such
organization which owns, operates or manages buildings for which existing notices of code
violations have not been corrected.
SECTION 6. Amending the text of Salt Lake City Code Chapter 18.24. That Chapter
18.24 of the Salt Lake City Code (Administration and Enforcement: Enforcement and Penalties)
shall be, and hereby is amended as follows:
CHAPTER 18.24
ENFORCEMENT AND PENALTIES
18.24.010: ENFORCEMENT RESPONSIBILITY AND AUTHORITY:
Unless otherwise provided by this title, the building official is authorized and responsible for
enforcement of this title. The fire marshal or designee shall be the principal enforcement
officer on post construction activity with respect to the fire codes. Whenever one or more
violations of this title exist, any enforcement official has the authority to obtain compliance
subject to the provisions of this code. Unless otherwise provided, any violation of this title
shall be subject to the enforcement processes and penalties as set forth in this chapter.
18.24.020: CRIMINAL PENALTIES:
Unless otherwise provided, it shall be a misdemeanor for any person, firm, or corporation to
violate the provisions of this title, either by failing to do those acts required or by doing an act
prohibited by this title or the codes referred to herein, or by aiding or abetting in a violation of
this title or the codes referred to herein. Each day that any violation of this title is permitted to
continue shall constitute a separate offense. The class of misdemeanor shall be as dictated by
state law.
18.24.030: CHOICE OF REMEDIES:
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A. In addition to any criminal prosecution, this title may be enforced through
administrative or civil actions. The city may pursue any legal remedy to ensure compliance
with this title including, but not limited to, injunctive relief. The city has sole discretion over
which remedy or combination of remedies it may choose to pursue.
B. If the city elects to pursue through administrative or civil actions one or more
violations of the provisions of this title, a civil penalty shall be assessed for each violation in
the amount set forth in the Salt Lake City consolidated fee schedule. Each day a violation
continues after notice of the same shall give rise to a separate civil fine.
C. The possibility of an administrative or civil remedy does not interfere with the
city’s right to prosecute violations of this title as criminal offenses. If the city chooses to file
both civil and criminal actions for the same violation, no civil penalties in the form of fines shall
be assessed, but other remedies, such as orders to correct the violations or other declaratory or
injunctive relief, is available to the city.
D. The city may use such lawful means as are available to obtain compliance with
the provisions of this title and to collect the civil fines that accrue as a result of the violation of
the provisions of this title, including but not limited to a legal action to obtain one or more of the
following: an injunction, an order of mandamus, an order requiring the property owner or
occupant or permittee to abate the violations, an order permitting the city to enter the property
and abate the violations, and a judgment in the amount of the civil fines accrued for the violation,
including costs and attorney fees, and a judgment in the amount of any actual costs incurred by
the city.
E. In addition to the other remedies provided by this title, upon the finding of a
violation of this title the building official may evacuate or close a building to occupancy when
necessary to protect the public or neighboring property from a risk to health or safety. The
building shall thereafter remain unoccupied until the appropriate certificate of occupancy has
been issued.
F. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the same property within 6 months of the initial correction and is due the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.24.040: NOTICE & ORDER; STOP WORK ORDER:
A. Notice and Order.
1. Upon a determination that there is a violation of this title an enforcement
official may provide a written notice and order to any responsible party. The written
notice and order shall state:
a. The name and address, if known, of the responsible party;
b. the date and location of each violation;
c. the code sections violated;
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• that the violations must be corrected;
• provide a specific date by which the enforcement official orders that
the violations be corrected by;
• the amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if
the violation is not corrected by the date specified;
• identification of the right to and procedure to appeal; and
• the signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the
responsible party is the property owner of record, then mailing shall be
to the last known address appearing on the records of the Salt Lake
County Recorder. If the responsible party is any other person or entity
other than the owner of record, then mailing shall be to the last known
address of the responsible party on file with the city.
c. Notwithstanding the foregoing, personal service upon the responsible
party shall be sufficient to meet the notice and order mailing
requirements of Subsection 18.24.040.A.2.b.
3. Following the issuance of a notice and order, any responsible party shall
correct the violations specified in the notice and order. Upon correction of the violations
specified in the notice and order, the responsible party shall request an inspection of the
property.
4. Following a request for an inspection as set forth in Subsection
18.24.040.A.3, an enforcement official shall conduct an inspection of the property to
determine whether the violations alleged in the notice and order have been corrected,
including, if applicable, all necessary permits have been issued and all final inspections
have been performed as required by applicable city codes.
5. If one or more violations are not corrected by the deadline specified in the
notice and order, civil fines shall accrue at the rate set forth in Subsection 18.24.030.B.
Accumulation of civil fines for violations, but not the obligation for payment of civil
fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
6. The responsible party shall have the right to contest the notice and order at
an administrative hearing in accordance with Chapter 18.12. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake
City consolidated fee schedule shall constitute a waiver of the right to a hearing and a
waiver of the right to appeal.
B. Stop Work Order. Upon a determination that there is a violation of this title an
enforcement official may issue a stop work order prior to issuance of a notice and order. If, after
issuance of a notice and order pursuant to subsection A, the violations cited remain uncorrected
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after the correction period set forth in the notice and order, then a daily civil fine in the amount
set forth in the Salt Lake City consolidated fee schedule shall be imposed.
18.24.050: NOTICE OF NONCOMPLIANCE; ABATEMENT LIEN:
A. Upon expiration of the correction period set forth in a notice and order or stop
work order, and where the violation(s) remain uncorrected, the city may record on the
noncompliant property with the Salt Lake County Recorder’s Office a notice of noncompliance.
B. The recordation of a notice of noncompliance shall not be deemed an
encumbrance on the noncompliant property but shall merely place interested parties on notice of
any continuing violation of this title at the noncompliant property.
C. If a notice of noncompliance has been recorded pursuant to Section A and the
enforcement official determines that all violations have been corrected, the enforcement official
shall issue a notice of compliance by recording the notice of compliance on the property with the
Salt Lake County Recorder’s Office. Recordation of the notice of compliance shall have the
effect of canceling the recorded notice of noncompliance.
D. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
SECTION 7. Amending the text of Salt Lake City Code Chapter 18.28. That Chapter
18.28 of the Salt Lake City Code (Technical Building Specifications: Site Development
Regulations) shall be, and hereby is amended as follows:
CHAPTER 18.28
SITE DEVELOPMENT REGULATIONS
18.28.010: GENERAL PROVISIONS:
A. Authority: This chapter is enacted pursuant to title 10 of the Utah Code as
amended. This chapter is further enacted as an element of the Salt Lake City master plan.
B. Applicability: The provisions of this chapter shall apply to all site development
within Salt Lake City.
C. Purpose: This chapter is adopted: to promote public safety and the general public
welfare; to protect property against loss from erosion, earth movement, earthquake hazard, and
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flooding; to maintain a superior community environment; to provide for the continued orderly
growth of the city to ensure maximum preservation of the natural scenic character of major
portions of the city by establishing minimum standards and requirements relating to land
grading, excavations, and fills; and to establish procedures by which these standards and
requirements may be enforced. It is intended that this chapter be administered with the foregoing
purposes in mind and specifically to:
1. Ensure that the development of each site occurs in a manner harmonious
with adjacent lands so as to minimize problems of drainage, erosion, earth movement,
and similar hazards;
2. Ensure that public lands and places, watercourses, streets, and all other
lands in the city are protected from erosion, earth movement, and drainage hazards;
3. Ensure that the planning, design, and construction of all development will
be done in a manner which provides maximum safety and human enjoyment, and, except
where specifically intended otherwise, makes it as unobtrusive in the natural terrain as
possible;
4. Ensure, insofar as practicable, the retention of natural vegetation to aid in
protection against erosion, earth movement, and other hazards and to aid in preservation
of the natural scenic qualities of the city; and
5. Ensure, insofar as Salt Lake City is located in an active seismic zone, that
appropriate earthquake hazard mitigation measures are incorporated into the planning and
execution of site development.
D. Identification of Fault Hazards: Pending the completion by the Utah geological
survey (UGS) of a fault hazard map for Salt Lake City, the planning director may rely upon the
existing information available from UGS or other publicly or privately prepared geological
reports to identify fault hazards.
18.28.020: DEFINITIONS:
A. Definition Of Terms: For the purposes of this chapter, certain terms used herein
are defined as set forth below:
AS GRADED: The surface conditions existent upon completion of grading.
BEDROCK: In place, solid, rock.
BENCH: A relatively level step excavated into earth material on which fill is to be placed.
BORROW: Earth material acquired from an off site location for use in grading a site.
BUILDING PERMIT: A permit issued by Salt Lake City for the construction, erection, or
alteration of a structure or building.
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CERTIFY OR CERTIFICATION: Means that the specific reports, inspections, and tests that are
required have been performed by the person or under their supervision, and that the results of
such reports, inspections, and tests comply with the applicable requirements of this chapter.
CITY ENGINEER: The city engineer of Salt Lake City.
CIVIL ENGINEER: A professional engineer registered in the state of Utah to practice in the
field of civil works.
CIVIL ENGINEERING: The application of the knowledge to the forces of nature, principals of
mechanics, and the properties of materials to the evaluation, design, and construction of civil
works for the beneficial uses of mankind.
COMPACTION: The densification of fill by mechanical means.
CUBIC YARDS: The volume of material in an excavation and/or fill.
CUL-DE-SAC: A street closed at one end.
CUT: See definition of Excavation.
DRIVEWAY: A way or route for use by vehicle traffic leading from a parking area or from a
house, garage, or other structure, to a road or street.
EARTH MATERIAL: Any rock, natural soil, or any combination thereof.
ENGINEERING GEOLOGIST: A graduate in geology or engineering geology of an accredited
university, with 5 or more full years of professional postgraduate experience in the application of
the geological sciences, of which 3 full years shall be in the field of engineering geology that has
required the application of geological data, techniques, and principles to engineering problems
dealing with groundwater, naturally occurring rock and soil, and geologic hazards for the
purpose of assuring that geological factors are recognized and adequately interpreted and
presented.
EROSION: The wearing away of the ground surface as a result of the movement of wind, water,
and/or ice.
EXCAVATION: Any act by which vegetation, earth, sand, gravel, rock, or any other similar
material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and
shall include the conditions resulting therefrom.
EXISTING GRADE: The actual elevation (in relation to mean sea level) of the ground surface
before excavation or filling.
FILL: Any earth, sand, gravel, rock, or any other material which is deposited, placed, replaced,
pushed, dumped, pulled, transported, or moved by man to a new location and shall include the
conditions resulting therefrom.
FILL MATERIAL: Earth material free from rock or similar irreducible material exceeding 12
inches in diameter, metal, and organic material except that topsoil spread on cut and fill surfaces
may incorporate humus for desirable moisture retention properties.
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GRADING: Excavation or fill or any combination thereof that alters the elevation of the terrain
and shall include the conditions resulting from any excavation or fill.
LICENSED ARCHITECT: An architect who is registered with the division of occupational and
professional licensing of the state of Utah.
NATURAL DRAINAGE: Water which flows by gravity in channels formed by the surface
topography of the earth prior to changes made by the efforts of man.
ONE STREET ACCESS: A street that provides the sole access to one or more other streets.
PARCEL: All contiguous land in one ownership, provided, however, each lot conforming to the
zoning ordinances of Salt Lake City in a subdivision may be considered to be a separate parcel.
PERCENT OF SLOPE: The slope of a designated area of land determined by dividing the
horizontal run of the slope into the vertical rise of the same slope, measured between contour
lines on the referenced contour map and converting the resulting figure into a percentage value.
This calculation is described by the following formula:
S = V/H
Where
"S" is the percent of slope;
"V" is the vertical distance; and
"H" is the horizontal distance.
PERMITTEE: Any person to which a site development permit has been issued.
PLANNING DIRECTOR: The planning director of Salt Lake City.
QUARRY: An open excavation for the extraction of resources.
REGISTERED PROFESSIONAL ENGINEER: A civil engineer who is registered with the
division of occupational and professional licensing of the state of Utah.
REMOVAL: Killing vegetation by spraying, complete extraction, or excavation, or cutting
vegetation to the ground, trunks, or stumps.
SEISMIC: Characteristic of, or produced by, earthquakes or earth vibration.
SITE: A lot or parcel of land, or a contiguous combination thereof, where grading work is
performed as a single unified operation.
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SITE DEVELOPMENT: Grading and underground utility installation in preparation for an
approved, pending development or use for the subject site.
SLOPE CLASSIFICATION MAP: A map prepared as a colored exhibit by a registered
professional engineer or land surveyor based upon a contour map of the specified scale and
contour interval, upon which the measured and calculated percent of slope (measured between
every contour interval on the map) is classified or grouped into percentage of slope data in 10%
slope groupings as follows:
Slope Classification Percent Of Slope Mapped Color
Level 0 - 9.9%Uncolored
Slight 10 - 19.9%Yellow
Moderate 20 - 29.9%Orange
Severe 30% and greater Red
SOILS ENGINEER: A registered civil engineer of the state of Utah, specializing in soil
mechanics and foundation engineering, familiar with the application of principles of soil
mechanics in the investigation and analysis of the engineering properties of earth materials.
SURCHARGE: The temporary placement of fill material on a site in order to compress or
compact the natural soil mass.
TESTING LABORATORY: A testing laboratory that requires supervisory personnel to be
professional engineers registered with the division of occupational and professional licensing of
the state of Utah.
VACANT: Land on which there are no structures or only structures which are secondary to the
use or maintenance of the land itself.
18.28.030: RESERVED
18.28.040: LAND DEVELOPMENT REQUIREMENTS:
A. General Application: No person or party shall cause any excavation or grading to
be done in excess of the limits set forth below without first having obtained a site development
permit.
1. Work Requiring Separate Approval/Permit: A site development permit
shall be required in all cases where development comes under any one or more of the
following provisions:
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yards;a. Excavation, fill, or any combination thereof exceeding 1,000 cubic
b. Excavation, fill, or any combination thereof exceeding 5 feet in
vertical depth at its deepest point measured from the adjacent, undisturbed,
ground surface;
c. Excavation, fill, or any combination thereof exceeding an area of a
1/2 acre;
d. Excavation, fill, or any combination thereof of 10% or more of a
building site including the excavation for foundations and footings;
e. Removal of vegetation from an area in excess of a 1/2 acre for
purposes other than agricultural;
f. Engineered interior fills or surcharges.
g. Commercial quarries or mining activities operating in permitted
zoning districts as provided in Title 21A.
4.Work Not Requiring Separate Approval/Permit: A separate site
development permit shall not be required in the following cases:
• Excavation below finished grade for basements and footings of
buildings or other structures authorized by a valid building permit. This shall not
exempt any fill made with material from such excavation, or exempt any
excavation having an unsupported height greater than 5 feet after the completion
of such structure.
• Removal of vegetation as part of work authorized by a valid
building permit.
A. Permits Required: Except as exempted in Subsection A of this section, a separate
approval or permit shall be required for each site, and may cover both excavation and fill.
1. Application: To obtain a permit the applicant shall first file an application
therefor in writing on a form furnished by the building department for that purpose.
Every such application shall:
a. Identify and describe the work to be covered by the permit for
which application is made;
b. Describe the land on which the proposed work is to be done by
legal description, street address, or similar description that will readily identify
and definitely locate the proposed work and identify lots of any platted
subdivision included within the proposed building site;
c. Indicate the use or occupancy for which the proposed work is
intended;
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• Be accompanied by plans, diagrams, computations, and
specifications and other data as required;
• Be signed by property owner or permittee, or his authorized agent,
who may be required to submit evidence to indicate such authority;
• Show the location of existing and proposed buildings or structures
on the applicant's property, and the location of buildings or structures on adjacent
properties which are within 15 feet of the applicant's property, or which may be
affected by the proposed site development activities;
• Show the location of property lines and all existing and proposed
streets, roadways, driveways, easements, and rights of way on, contiguous, or
adjacent to the proposed development site;
• Show the present contours of the site in dashed lines and the
proposed contours in solid lines. Contour intervals shall be not greater than 2 feet
where slopes are predominately 5% or less, and 5 feet where slopes are
predominately steeper than 5%. The source of all topographical information shall
be indicated;
• Show the location of all drainage to, from, and across the site, the
location of intermittent and permanent streams, springs, culverts, and other
drainage structures, and size and location of any precipitation catchment areas in,
above, or within 100 feet of the site;
• Include detailed plans and location of all surface and subsurface
drainage devices, walls, dams, sediment basins, storage reservoirs, and other
protective devices to be constructed with, or as a part of, the proposed work,
together with a map showing drainage areas, and the complete drainage network
including outfall lines and natural drainageways which may be affected by the
proposed project. Include the estimated runoff of the areas served by the proposed
drainage system;
• Present a plan showing temporary erosion control measures to
prevent erosion during the course of construction;
• All grading in excess of 5,000 cubic yards shall require
professional engineering and shall be designated as "engineered grading". Any
application including engineered grading shall contain a grading plan prepared by
a registered professional engineer or licensed architect;
• Include a revegetation plan including:
• A survey of existing trees, shrubs, and ground covers,
• A plan for the proposed revegetation of the site detailing
existing vegetation to be preserved, new vegetation to be planned and any
modification to existing vegetation, and
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• A plan for the preservation of existing vegetation during
construction activity;
a. Make a statement of the estimated starting and completion dates
for the grading work proposed and any revegetation work that may be required;
b. Identify the type of surcharging fill material to be used on the
building site;
c. Estimate the amount of time surcharging fill material will be in
place, and show consideration by a soils engineer of the potential for vertical and
lateral soil movements on properties adjacent to the surcharge;
d. Submit a copy of the recorded subdivision plat showing
developable area limitations, if applicable;
e. Describe the method to be employed in disposing of soil and other
material that is removed from the site, including the location of the disposal site;
f. Describe the method to be used in obtaining fill to be used on the
site and the site of acquisition of such fill;
g. Include an engineering geology report described in Section
18.28.040.C.2 if the proposed development lies within 500 feet of an identified
fault. Said report may be submitted for review to the Utah geological survey by
the building official.
h. Applications related to commercial quarriers shall contain an
acceptable plan for the eventual rehabilitation and use of the quarry site after the
resources have been removed. Such a plan, at a scale of not less than one inch
equals 100 feet with contour intervals not greater than 5 feet, shall be compatible
with its surroundings and in general agreement with the city’s master plan. The
plan shall show the proposed treatment of any stream channel adjacent to the
resource deposits during extraction operations. Limits of excavation shall be
determined to protect any natural or improved channel and any nearby wooded
areas considered vital to the function of the rehabilitated area. Included the
estimated time period during which quarrying and land rehabilitation operations
will be conducted.
i. Such other information as may be required by the building official
or city engineer such as slope classification map and analysis, profiles or cross
sections, additional drainage calculations, soils data including a report from a
registered soils engineer or other qualified person.
B. Soil Engineering Report or Engineering Geology Required:
1. Soil Engineering Report: The soil engineering report required shall
include data regarding the nature, distribution, and strength of existing soils, conclusions
and recommendations for grading procedures, design criteria for corrective measures
30
when necessary, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development.
2. Engineering Geology Report: The engineering geology report required
shall include an adequate description of the geology of the site, conclusions and
recommendations regarding the effect of geologic conditions on the proposed
development, and opinions and recommendations addressing the adequacy of the site
under the proposed grading plan to support the proposed development. This requirement
may be waived by written recommendation of the building official if it is deemed
unwarranted.
C. Issuance: The application, plans, specifications, and other data submitted by an
applicant for permit shall be reviewed by the building official. Such plans may be reviewed by
other departments or agencies to verify compliance with any applicable laws under their
jurisdiction. If the building official finds that the work described in an application for a permit
and the plans, specifications, and other data filed therewith conform to the requirements of this
title and other pertinent laws and ordinances, and that the fees specified have been paid, he shall
issue a permit therefor to the property owner or his authorized agent. When the building official
issues the permit where plans are required, he shall endorse in writing or stamp the plans and
specifications "APPROVED". Such approved plans and specifications shall not be changed,
modified, or altered without authorization from the building official, and all work shall be done
in accordance with the approved plans. The building official may require that the site
development activities and project designs or specifications be modified if delays occur which
may create weather generated problems not considered at the time the permit was issued.
D. Fees: City fees associated with reviewing and processing site development
permits shall be those listed on the Salt Lake City consolidated fee schedule.
E. Grading and Erosion Control Standards and Regulations: All site development
work shall be accomplished in conformance to the following grading and erosion control design
standards and regulations:
1. Hours of Operation: All grading operations within 660 feet of residential
land uses shall be carried on between the hours of 7:00 A.M. and 5:30 P.M. The building
official may waive this requirement if it is shown that by restricting the hours of
operation it would unduly interfere with the development of the property and it is shown
that the neighboring properties would not be adversely affected.
2. Dust and Dirt Control: All graded surfaces of any nature shall be
dampened or suitably contained to prevent dust or spillage on city streets or adjacent
properties. Equipment, materials, and roadways on the site shall be used or treated so as
to cause the least possible annoyance due to dirt, mud, or dust conditions.
3. Undevelopable Slopes: Any (1) slope identified on a subdivision plat as
undevelopable, (2) slope that has been altered without permits or prior approval to 30%
or greater, or (3) natural slopes of 30% or greater (as measured pursuant to a “ten-foot
averaging” method as defined in Section 20.50.020), shall be designated undevelopable
area. In no event shall streets traverse such slopes.
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5.Finished Cuts and Slopes: Limitations shall be applied to the extent of cut
and fill slopes to minimize the amount of excavated surface or ground area exposed to
potential erosion and settlement.
• The exposed or finished cuts or slopes of any fill or excavation
shall be smoothly graded.
• All cut and fill slopes shall be recontoured and revegetated by the
permittee in accordance with an approved plan.
• Cut or fill slopes shall normally be limited to 15 feet in vertical
height. However, upon review and favorable recommendation of the city engineer
and public utilities director the building official may approve cut and fill slopes
exceeding 15 feet provided that such variations be allowed on a limited basis after
thorough review of each request and only when balanced by offsetting
improvements to the overall aesthetic, environmental, and engineering quality of
the development.
• No excavation creating a cut face and no fill creating an exposed
surface shall have a slope ratio exceeding one and one- half horizontal to one
vertical (11/2:1).
• Exceptions:
• No slopes shall cut steeper than the bedding plane, fracture,
fault, or joint in any formation where the cut slope will lie on the dip of
the strike line of the bedding plane, fracture, fault, or joint.
• No slopes shall be cut in an existing landslide, mudflow, or
other form of naturally unstable slope except as recommended by a
qualified geological engineer.
• Where the formation is exposed above the top of the cut
which will permit the entry of water along bedding planes, this area shall
be sealed with a compacted soil blanket having a minimum thickness of 2
feet. The soil for this blanket shall be relatively impervious and shall be
approved by the soils engineer or engineering geologist.
• If the material of a slope is of such composition and character as to
be unstable under the anticipated maximum moisture content, the slope angle
shall be reduced to a stable value or retained by a method approved by the city
engineer and certified as to its stability by a soils engineer or geologist. Said
retaining method shall include design provisions which are:
• Conducive to revegetation for soil stability and visual
impact;
• Used for selected areas of the site and not as a general
application; and
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• Limited to tiers each of which is no higher than 6 feet,
separated by plantable terraces a minimum of 2 feet in width;
j. Any retaining system shall remain and be maintained on the lots
until plans for construction are approved and a building permit is issued. The
plans shall include provisions to integrate driveway access to the lot while
maintaining the structural integrity of the retaining system.
k. The building official may require the slope of a cut or fill to be
made more level if at any time it is found that the material being, or the fill, is
unusually subject to erosion, static or dynamic instability, or if other conditions
make such requirements necessary for stability.
l. Driveways leaving public rights of way shall not exceed a
maximum change in grade angle of 6% transition over an 11 foot run. The slope
should be transitioned beyond property line no more than an average 16% grade.
Parking structures may allow a maximum change in grade angle of 10% with a
minimum 10 foot run. Maximum sight distance should be encouraged with blind
entrances or other sight obstructions complying with the Sight Distance Triangle
Requirements as defined and illustrated in Chapter 21A.62.
5. Abatement of Hazardous Conditions:
a. If, at any stage of grading, the building official or city engineer
determines by inspection that the nature of the formation is such that further work
as authorized by an existing permit is likely to imperil any property, public way,
watercourse, or drainage structure, the building official or city engineer shall
require, as condition to allowing the work to proceed, that reasonable safety
precautions be taken as are considered advisable to avoid likelihood of such peril.
Such precautions may include, but shall not be limited to, any of the following:
(1) Specification of a more level exposed slope;
(2) Construction of additional drainage facilities, berms, or
terraces;
(3) Compaction or cribbing;
(4) Installation of plants for erosion control; and/or
(5) Reports from a registered soils engineer and/or engineering
geologist whose recommendations may be made requirements for further
work.
Such requirements by the building official or city engineer shall constitute a
required change order in the work to be performed under permit. Said changes
may be required to be reflected in amended plans.
b. Where it appears that damage from storm drainage may result from
work performed hereunder, such work may be stopped and the permittee required
to take such measures as may be necessary to protect adjoining property or the
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public safety. On large operations, or where unusual site conditions exist, the
building official or city engineer may specify the time at which grading may
proceed and the time of completion or may require that the operation be
conducted in specific stages so as to ensure completion of protective measures or
devices prior to the advent of seasonal rains.
6.Fill Material and Compaction:
• Fill Material: All fill shall be earth, rock, or inert material free
from organic material and free of metal, except that topsoil spread on cut and fill
surfaces may incorporate humus for desirable moisture retention properties. Fill
not meeting the definition above shall be placed only in an approved public or
private landfill or other approved deposit site.
• Backfillings: Any pipe trench or trenching, or excavation made in
any slope of any excavated or filled site, shall be backfilled and compacted to the
level of the surrounding grade.
• Compaction of Fills: Unless otherwise directed by the building
official, all fills governed by this title, intended to support building, structures, or
where otherwise required to be compacted for stability, shall be compacted,
inspected, and tested in accordance with the following provisions:
• The natural ground surface shall be prepared by removal of
topsoil and vegetation, and, if necessary, shall be graded to a series of
terraces. If fill material unacceptable under subsection F6a of this section
is placed on the site, or the fill is not placed according to procedures of
this title, then it must be removed.
• The fill shall be spread and compacted in accordance with
the city engineer's approved standards.
• The moisture content of the fill material shall be controlled
at the time of spreading and compaction to obtain required maximum
density.
• A written report of the completed compaction, showing
location and depth of test holes, materials used, moisture conditions,
recommended soil bearing pressures, and relative density obtained from
all tests, prepared by a civil engineer or soils engineer licensed by the state
of Utah, or testing laboratory shall be submitted to the building official,
who shall rely on the expertise of the city engineer for review.
• The building official or city engineer may require
additional tests or information if, in his opinion, the conditions or
materials are such that additional information is necessary, and may
modify or delete any of the above listed requirements that, in his opinion,
are unnecessary to further the purpose of this title.
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7.Surcharging: Surcharges shall consist of earth material and shall be
applied in such a manner as to have no effect on soil stability on adjacent or neighboring
properties.
F. Erosion Control and Revegetation: All cut and fill surfaces created by grading
shall be planted with a ground cover that is a drought resistant variety. Topsoils are to be
stockpiled during rough grading and used on cut and fill slopes. Cuts and fills along public roads
are required to be landscaped according to a revegetation plan approved by the city. All plant
selections must be approved by the parks department and building official prior to approval.
G. Drainage:
1. Adequate provisions shall be made to prevent any surface waters from
damaging the cut face of an excavation or any portion of a fill. All drainage ways and
structures shall carry surface waters, without producing erosion, to the nearest practical
street, storm drain, or natural watercourse as approved by the city engineer. The city
engineer may also require drainage structures to be constructed, or installed as necessary
to prevent erosion damage or to prevent saturation of the fill or material behind cut
slopes.
2. An excess stormwater passage shall be provided for all stormwater storage
areas. Such passage shall have capacity to convey through the proposed development the
excess stormwater from the tributary watershed. The capacity of such excess stormwater
passages shall be constructed in such a manner as to transport the peak rate of runoff
from a 100-year return frequency storm assuming all storm sewers are inoperative, all
upstream areas are fully developed in accordance with the city's current land use plan,
and that antecedent rainfall has saturated the tributary watershed.
3. No buildings or structures shall be constructed within such passage,
however, streets, parking lots, playgrounds, park areas, pedestrian walkways, utility
easements, and other open space uses shall be considered compatible uses. In the event
such passageway is reshaped or its capacity to transport excess stormwater is otherwise
restricted during or after construction, the building official or city engineer shall notify
the agency, party, or parties causing said restriction to remove the same and set a
reasonable time for its removal. If said parties refuse to, or are unable to, comply with
said order, the building official or city engineer shall cause said restrictions to be
removed at the expense of said parties. Where a proposed development contains existing
natural drainage, appropriate planning measures shall be undertaken or required to
preserve and maintain said natural drainage as part of the excess stormwater passage.
4. Notwithstanding any other provisions of this title, whenever, in the
judgment of the building official or city engineer, a condition occurs in a stormwater
storage area or passageway that creates a dangerous and imminent health and safety
hazard, the building official or city engineer shall order such action as shall be effective
immediately or in the time manner prescribed in the order itself.
H. Setbacks: The setback and other restrictions specified in this section are minimum
and may be increased by the building official or by the recommendation of a civil engineer, soils
engineer, or engineering geologist, if necessary for safety and stability, to prevent damage of
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adjacent properties from deposition or erosion, or to provide access for slope maintenance and
drainage. Setbacks deal with distance from property lines, structures, or faults, and must satisfy
the requirements of subsections I1 through I3 of this section. Retaining walls may be used to
reduce the required setbacks when approved by the building official.
1. Setbacks from Property Lines: The toes and tops of cut and fill slopes
where no structures are located shall be set back from the outer boundaries of a "permit
area" (PA = lot area excluding any undevelopable areas) including yard setbacks, slope-
right areas, and easements, in accordance with the table and figure 2 of this section.
SETBACKS FROM PERMIT AREA BOUNDARY
a = Setback distance at toe
b = Setback at top
H = Height from toe to top of cut/fill slope
H a b1
Less than 5'0 1'
5' to 30'H/2 H/5
Over 30'15'6'
Note:
1. Additional width may be required for interceptor drain.
FIGURE 2
2. Setback from Structures: Setback from cut or fill slopes and structures
shall be provided in accordance with figure 3 of this section.
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FIGURE 3
3. Setbacks from Faults: No structure shall be located over a fault. Determinations of
the appropriate setback distance from the fault shall be made based on recommendations
contained in the geological report required by subsection C of this section.
I. Site Development Inspections:
1. Special Inspections: All site development activities for which a permit or
approval is required shall be subject to inspection by the building official. Special
inspections of grading operations and special testing shall be performed to ensure
conformity with approved plans and specifications. The following special inspections and
testing are required:
a. Fills:
(1) The site is to be inspected prior to placement of fill
material.
(2) The fill material is to be inspected prior to placement on the
site.
(3) Final compaction of fill is to be tested.
(4) The final grade is to be inspected.
(5) Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
b. Cuts:
(1) The site is to be inspected prior to cutting or removing
material.
(2) The grade is to be inspected after cutting.
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• Revegetation will be inspected during planting, upon
planting completion, and again prior to bond release where applicable.
7. Inspection Schedule and Enforcement: At the time the site development
permit or approval is issued, the building official shall establish the stage of development
at which required inspections shall be made. In order to obtain inspections, the permittee
shall notify the city of readiness at least 24 hours before said inspection is to be made.
Where it is found by inspection that conditions are not substantially as stated or shown on
the approved plans, the building official or his inspectors may stop further work until
approval is obtained for amended plans.
J. Completion of Work:
1. Final Reports: Upon completion of the rough grading work and again at
the final completion of the work, reports, drawings, and supplements thereto will be
required as follows:
a. An "as graded" grading plan, prepared by a civil engineer,
including original ground surface elevations, lot drainage patterns, and locations
and elevations of all surface and subsurface drainage facilities. The engineer shall
verify that the work was done in accordance with the final approved site
development plan.
b. A soil grading report, prepared by a soils engineer, including
location and elevations of field density tests, summaries of field and laboratory
tests and other substantiating data, and comments on any changes made during
grading and their effect on the recommendations made in the soil engineering
investigation report. The soils engineer shall verify the adequacy of the site for the
intended use.
c. A geologic grading report, prepared by an engineering geologist,
including a final description of the geology of the site including any new
information disclosed during the grading and the effect of the same on
recommendations incorporated in the approved site development plan. The
engineering geologist shall verify the adequacy of the site for the intended use as
affected by geologic factors. This requirement may be modified or waived in
writing by the building official if circumstances warrant.
2. Notification of Completion: The permittee, or his authorized agent, shall
notify the building official when the grading operation is ready for final inspection. Final
approval shall not be given until all work, including installation of all drainage facilities
and their protective devices and all erosion control measures including revegetation, have
been completed in accordance with the final approved site development plan and the
required reports have been submitted.
18.28.050: RESERVED
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18.28.060: INTERPRETATION, PERMIT PROCEDURE, APPEALS, GROUNDS FOR
DENIAL, AND ENFORCEMENT ACTIONS:
A. Interpretation; Conflicts:
1. Minimum Requirements: In their interpretation and application, provisions
of this chapter shall be held to be minimum requirements, except where expressly stated
to be maximum requirements. No intent is made to impair, or interfere with, any private
restrictions placed upon any property by covenant or deed; provided, however, that where
this chapter imposes higher standards or greater restrictions the provisions of this chapter
shall govern.
2. Application of Most Restrictive Standard: Whenever any provision of this
chapter or any other provision of law, whether set forth in this chapter or in any other
law, ordinance, or resolution of any kind, imposes overlapping or contradictory
regulations over the development of land, the most restrictive standards or requirements
shall govern.
B. Retention of Plans: Plans, specifications, and reports for all site development
submitted to Salt Lake City for approval shall be retained by Salt Lake City.
C. Expiration, Renewals, and Extensions of Permit: Every site development permit
or approval shall expire by limitation and become null and void if the work authorized by such
permit or approvals has not been commenced within 180 days, or if the work is suspended or
abandoned for a period of 180 days at any time after the work is commenced. Before such work
can recommence, the permit shall first be renewed by the building official and the renewal fee
shall be 1/2 the amount required for a new permit for such work, provided no changes have been
made or will be made in the original plans or scope of such work, otherwise a full fee may be
required as determined by the building official. Any modifications to the original approved work
that is related to a development for which the Salt Lake City planning commission granted
approval, may require subsequent review and decision by the planning commission as
determined by the planning director.
D. Appeals:
1. Filing: Any applicant aggrieved by a determination of any administrative official
in relation to this chapter may appeal such determination to the board of appeals and examiners
pursuant to Chapter 18.12.
2. Effect of Administrative Appeal: In the event of an appeal pursuant to the
provisions above, the effect of such filing shall act to stay any and all further action and work
pending the determination of the matter on appeal.
E. General Grounds for Denial: Factors, in addition to deviation from provisions of
this chapter, which may be grounds for denial of a site development permit or approval shall
include, but not be limited to:
1. Possible or potential saturation of fill and/or unsupported cuts by water
(both natural and/or domestic);
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8.Runoff surface waters that produce unreasonable erosion and/or silting of
drainageways;
9.Subsurface conditions (such as rock strata and faults, soil or rock
materials, types of formations, etc.) which when disturbed by the proposed site
development activity, may create earth movement and/or produce slopes that cannot be
landscaped;
10.Result in excessive and unnecessary scarring of the natural landscape
through grading or removal of vegetation.
A. Prohibited Activities:
1. Removal of Topsoil: It shall be unlawful to remove topsoil for purposes of
resale when unrelated to a bona fide purpose of site development contemplated under this
chapter. The provisions of this chapter shall not be construed as permitting the removal of
topsoil solely for resale.
2. Nuisance: It shall be unlawful to create or maintain a condition which
creates a public or private nuisance. After notice by the city, owners shall be strictly
responsible to take any necessary action to correct or abate such nuisance. Further, this
chapter shall not be construed to authorize any person or owner to create or maintain a
private or public nuisance upon real property and compliance with the provisions of this
chapter shall not be a defense in any action to abate such nuisance.
B. Permit or Approval Revocation: In the event the building official or city engineer
revokes a site development permit any aggrieved party may appeal such decision pursuant to
Chapter 18.12.
C. Property Owner Responsibility: Property owners are responsible to maintain their
property in a safe, nonhazardous, condition and to otherwise comply with the provisions of this
chapter and other applicable ordinances. Failure of city officials to observe or to recognize
hazardous or unsightly conditions, or to recommend denial of the site development permit, shall
not relieve the permittee, or property owner, from responsibility for the condition or damages
resulting therefrom. Nor shall such action result in the city, its officers, or agents, becoming
responsible or liable for conditions and damages resulting therefrom.
D. Obstruction Prohibited: It shall be unlawful for any person to willfully or
carelessly obstruct or injure any public right of way by causing or permitting earth or rock to
slump, slough, or erode off private property onto the public right of way.
E. Flooding: It shall be unlawful for any person to willfully or carelessly obstruct or
injure any public right of way by causing or permitting flow or seepage of water, or by willfully
or carelessly causing or permitting water under his/her control, possession, or supervision to
escape in any manner so as to injure any street or public improvement.
F. Violation And Penalties: It shall be unlawful for any person to construct, enlarge,
alter, repair, or maintain any grading, excavation or fill or cause the same to be done, contrary to
or in violation of any provision of this chapter.
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SECTION 8. Repealing the text of Salt Lake City Code Chapter 18.32. That Chapter
18.32 of the Salt Lake City Code (Technical Building Specifications: Building Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.32
BUILDING REGULATIONS
18.32.020: BUILDING CODE AND STANDARDS ADOPTED:
The edition of the uniform building code, as adopted by the Utah uniform building code
commission as the construction standard to be adhered to by subdivisions of the state (section
58-56-4, Utah Code Annotated, or its successor section) is adopted by Salt Lake City, together
with the following chapters of the appendix to the uniform building code:
Chapter 3 Division IV - Requirements For Group R, Division 4 Occupancies;
Chapter 11 Division I - Site Accessibility;
Chapter 11 Division II - Accessibility For Existing Buildings;
Chapter 15 Reroofing;
Chapter 16 Division I - Snow Load Design;
Chapter 16 Division III - Earthquake Regulations For Seismic Isolated Structures;
Chapter 31 Division II - Membrane Structure;
Chapter 33 Excavation And Grading.
ICC/MBI Standard for Off-Site Construction: Planning, Design, Fabrication and Assembly, or its
successor document.
Hereafter, all references in this code to the uniform building code shall mean the said edition
adopted by the Utah uniform building code commission. One copy of the uniform building code
shall be filed for use and examination by the public in the office of the city recorder.
18.32.035: FEES:
A.Building permit fees shall be based on the total valuation of the proposed project
as shown on the Salt Lake City consolidated fee schedule.
B.Plan review fees shall be sixty five percent (65%) of the building permit fees.
C.Fees to expedite building plan review as governed by section 18.20.050 of this
title shall be two (2) times the standard building plan review fee.
41
A.Penalties for not obtaining permanent certificate of occupancy will be three
hundred dollars ($300.00) for each month, after the initial thirty (30) day temporary certificate of
occupancy, which has no additional cost associated with it; due before the first of the month and
only allowed for up to three (3) renewals after the initial free thirty (30) day period. Partial
months will not be refunded.
B.Fees for renewing expired plan review after one hundred eighty (180) days as
governed by section 18.20.110 of this title shall be shown on the Salt Lake City consolidated fee
schedule.
C.A fee shown on the Salt Lake City consolidated fee schedule shall be charged for
each permit for fencing.
D. Other fees shall consist of electrical, mechanical and plumbing, and fire
suppression and monitoring equipment inspection fees as shown on the Salt Lake City
consolidated fee schedule.
18.32.050: UBC APPENDIX CHAPTER 3 DIVISION V ADDED; NONCONFORMING
BUILDING CONVERSION:
Appendix chapter 3 of the uniform building code be, and the same hereby is, amended by adding
chapter 3 division V to create a group R division 5 occupancy classification and requirements
applicable to change in occupancy when nonconforming group R divisions 1 and 3 occupancies
undergo conversion, which shall read as follows:
Chapter 3 Division V
Requirements For Group R Division 5 Occupancies
Sec. 344. Group R, Division 5 Occupancies Defined. Group R, division 5 occupancies shall be:
nonconforming group R divisions 1 and 3 structures undergoing conversion.
Sec. 345. General Provisions. Because conversion changes the original anticipated ownership
plan for a multi-family dwelling unit project from a single ownership into a hybrid mixture of
separate ownership of dwelling units combined with collective ownership of common areas
through association, etc., each nonconforming group R division 1 or division 3 structure being
converted into a condominium project or other type of ownership arrangement involving separate
ownership of individual units combined with joint or collective ownership of common areas shall
constitute a change in classification of occupancy to that of a group R division 5 and shall
comply with basic requirements of this code and the specific requirements listed below. All work
on such structures in the form of additions, alterations, or repairs shall conform to applicable
standards as required by section 3403 of this code. Where said provisions require conformity to
requirements governing new buildings, the applicable requirements of group R division 1 or 3
new construction shall apply.
Special Provisions And Minimum Standards.
Sec. 346. Property Report. Each conversion project to obtain approval shall submit two copies of
a property report prepared by a licensed engineer or architect which discloses and describes:
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(1) The age of the building or buildings,
(2) The general condition, useful life, and capacity of the building's structural elements
including the roof, foundations, mechanical system, electrical system, plumbing
system, boiler, and other structural elements;
(3) All known conditions constituting deficiencies requiring repair to meet existing
building codes; and
(4) All known conditions which may require repair or replacement within the next
succeeding five year period.
(5) The existing conditions meet the standards of the Salt Lake City existing residential
housing code sections 18.50.140, Exterior Standards; 18.50.150, Interior Standards;
18.50.180, Space And Occupancy Standards; 18.50.190, Light And Ventilation;
18.50.200 Fire Safety-Egress. The building report, as required in section 20.56.060 of
the city code, shall note all deficiencies; appeals of noted deficiencies may be
addressed to the housing advisory and appeals board.
Said report shall certify the structure currently conforms to applicable codes or the owner shall
present plans to bring the structures into conformity with applicable building codes prior to
issuance of certificates of occupancy.
Sec. 347. Electrical Service Minimum Standards. Each converted dwelling unit shall have an
electrical service which provides:
(1) A minimum service of 60 amps.
(2) Receptacle outlets are required to meet standards of the national electrical code,
section 210-21(b). Each habitable room shall have no less than two such receptacles.
(3) Where a kitchen is provided, or required by this code, each kitchen shall be installed
on a separate circuit.
(4) If, as an option, dishwashers or garbage disposals are to be installed or provided for,
each must be located on a separate circuit. If such appliances or optional capacity are
not provided, the limitation must be disclosed to buyers and in the property report.
(5) All bathrooms are to be equipped with GFIC outlet.
(6) Lights and fixtures in all storage and equipment facilities over 84 sq. ft. in size.
(7) Installation of a smoke detector conforming to manufacturer's recommendations shall
be installed in each dwelling unit as a local detection unit. If the building has a
common exit hall or corridor then a general automatic detection system shall be
installed with the capability of sending a signal to a remote station.
(8) Installation of at least one wall switch controlled lighting outlet in every habitable
room, bathrooms, hallways, stairways, attached garages, and outdoor entrances.
All electrical work and repair must be completed under permit and comply with applicable codes
and ordinances.
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Sec. 348. Plumbing And Water Systems.
(a) Plumbing System. A mechanical engineer, licensed plumbing contractor, or a
licensed general contractor shall calculate and determine the capacity of the current
plumbing system, including the existing and potential load in fixture units (as
determined by the uniform plumbing code) as part of the property report required
above. All new installations or repairs must be completed under permit and shall
conform to applicable plumbing codes. The entire system shall be brought up to
applicable standards of this code when required by section 3403. The impact of new
installations upon the existing system shall be calculated and stated in the property
report.
(b) Water Supply. Water piping shall be so arranged that the water supply can be turned
on or off to any individual fixture; provided, however, that supply piping to a single
unit and building accessory thereto may be controlled by one valve.
Sec. 349. Mechanical System. The mechanical system for each converted dwelling unit shall:
(1) Equip each unit with its own heating system, except where a central water or steam
system is present.
(2) Provide each unit with its own means of controlling temperature when the building
utilizes a central heating plant. All mechanical work and repair shall be completed
under permit and comply with applicable codes.
Sec. 350. Discretion Of Building Official To Waive Minor Deviations. The foregoing minimum
standards are intended to be fully complied with prior to the building official's approval of
permits, record of survey maps, plans or certificates. However, the building official may waive
literal compliance with said standards for minor deviations and non-dangerous conditions, if the
official determines that strict compliance with the requirements of this chapter would be
impractical due to the unique condition of the property, or result in an unnecessary and extreme
hardship for the owner of the property. The building official may in such cases impose additional
reasonable and equivalent conditions upon the project.
Sec. 351. All condominiums shall meet the requirements as listed in 18.96.050 (fit premises) of
the city ordinance.
18.32.060: UBC SECTION 109.1 AMENDED; CERTIFICATE OF OCCUPANCY:
Section 109.1 of the uniform building code is amended to read as follows:
Section 109.1 Use Or Occupancy. No building or structure of groups A, B, E, F, H, I, M, R and S
occupancy shall be used or occupied, and no change in the existing occupancy classification of a
building or structure or portion thereof shall be made until the building official has issued a
certificate of occupancy therefor as provided herein.
18.32.090: UBC SECTION 204 AMENDED; DEFINITIONS:
44
Section 204 of the uniform building code, adopted by section 18.32.020 of this chapter, or its
successor, is amended by adding definitions of condominiums and conversions which shall read
as follows:
Condominium, Condominium Project, Condominium Unit. For purposes of this code,
"condominium," "condominium project," and "condominium units" or "units" means property or
portions thereof conforming to the definitions set forth in section 57-8-3 of Utah Code
Annotated, 1953, as amended.
Conversion. "Conversion" means a proposed change in the type of ownership in a parcel or
parcels of land, together with existing attached structures, from single ownership of said parcel
such as an apartment house or multi-family dwelling into a condominium project or other
ownership arrangements involving separate ownership of individual units combined with joint or
collective ownership of common areas, facilities, or elements.
18.32.120: UBC APPENDIX CHAPTER 35 ADDED; FLOOD HAZARD AREAS:
The uniform building code is amended by adding a new appendix chapter 35, which reads as
follows:
Sec. 3501. Floodplain Hazard Area. For the purpose of this chapter "floodplain hazard area" shall
mean those lands lying within the corporate limits of Salt Lake City as defined in section
18.68.020 of the Salt Lake City code, as being located within the boundaries of flood hazard
boundary map as defined in said section 18.68.020 and adopted by section 18.68.030 of the Salt
Lake City code. A copy of said map and amendments is on file for public examination in the
offices of the city recorder and city engineer.
Sec. 3502. Floodplain Protection Requirements. All plans involving development, repair,
substantial improvements to, or construction of building or structures within the floodplain
hazard area shall comply with the standards set forth in chapter 18.68 of the Salt Lake City code
relating to floodplain hazard regulations.
18.32.130: UBC APPENDIX CHAPTER 33 AMENDED; EXCAVATION AND
GRADING:
Appendix chapter 33 of the uniform building code, relating to excavation and grading, is hereby
amended by deleting the text of sections 3304 through 3318 and amending by adding a cross
reference, so appendix chapter 33 shall read as follows:
Appendix Chapter 33
Excavation And Grading
Sec. 3304-3318. Said sections and their revised text are hereby deleted, having been incorporated
within the text of chapter 18.28 of the Salt Lake City code relating to site development
regulations, drawing particular reference to provisions within chapters 4 and 5 of said
development regulations.
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18.32.140: SENIOR CITIZEN APARTMENT FEE ABATEMENT:
Qualified multi-family apartment projects may apply to, and receive from, the building official
an abatement of the normal building permit fees. In order for the building official to approve the
discount, the applicant must submit necessary documentation in order for the building official to
certify that the apartment project qualifies under the following criteria:
A. The project is owned and/or operated as a bona fide organization for providing
housing for senior citizens;
B. The project operators and/or property owners stipulate that all units shall be
rented by persons over age sixty two (62) years of age;
C. Operators and/or property owners agree to verify ages of tenants as part of their
annual application for an apartment house license;
D.Project operators and property owners execute an agreement, binding upon
successors in interest and secured by the real property, to reimburse the city the amount of the
abated fees plus interest from the date of the permit at the rate applicable to judgment, should the
rate of occupancy by qualified senior citizens drop below ninety five percent (95%) during the
next thirty (30) years. This occupancy rate shall be determined annually as of the date the annual
license application is submitted to the city; and
E.The amount of the fees abated, plus interest at the then established rate applicable
to judgments from date of the abated fees, shall be repaid to the city upon a subsequent
application to convert the project to condominium or other ownership arrangements involving
sale of separate units, if submitted within thirty (30) years of such abatement.
18.32.150: UBC SECTION 103 AMENDED; VIOLATIONS AND PENALTIES:
Section 103 of the uniform building code is amended to read as follows:
It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or
structure in the city, or cause the same to be done contrary to or in violation of any of the
provisions of this code.
Any person, firm, or corporation violating any of the provisions of this code shall be deemed
guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violation of any of the provisions of this
code is committed, continued, or permitted and upon conviction of any such violation such
persons shall be punishable by a fine as provided by section 1.12.050, or its successor, of the Salt
Lake City code.
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SECTION 9. Repealing the text of Salt Lake City Code Chapter 18.36. That Chapter
18.36 of the Salt Lake City Code (Technical Building Specifications: Electrical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.36
ELECTRICAL REGULATIONS
18.36.010: ELECTRICAL CODE ADOPTED BY REFERENCE:
The edition of the national electrical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as the ordinances, rules and regulations of the city,
subject to the amendments and exceptions thereto as hereinafter set forth in this chapter, one
copy of which code shall be filed for use and examination by the public in the office of the city
recorder. Hereafter, all references in this code to the national electrical code shall mean the
edition of the national electrical code adopted by the Utah uniform building code commission.
18.36.100: PERMIT FEES; RESIDENTIAL WORK:
The following fees for a permit for the installation of electrical materials in residences, including
multiapartment buildings, shall be paid to the city treasurer before any permit is valid. The basic
fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
18.36.110: FEE FOR TEMPORARY METERING:
The fee for permit for temporary metering and service facilities shall be as shown on the Salt
Lake City consolidated fee schedule.
18.36.120: COMMERCIAL AND INDUSTRIAL FEES:
The fees to be paid to the city treasurer for electrical permits covering work in industrial or
commercial properties shall be computed as follows:
A. Minimum Fee: Minimum fee shall be as shown on the Salt Lake City
consolidated fee schedule.
B. New Service Or Change Of Service: For new service, change of service,
alterations or repairs of six hundred (600) volt or less capacity service entrance equipment, the
fee shall be as shown on the Salt Lake City consolidated fee schedule.
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A. Subfeeders: Fee for installation, alteration or repair of subfeeders, including
supply taps from subfeeders, shall be as shown on the Salt Lake City consolidated fee schedule.
B. Transformers: The installation of transformers shall be subject to inspection fee
when such transformers are an integral part of the consumer's distribution system. Such fee shall
be in addition to the regular system inspection fee and shall be as shown on the Salt Lake City
consolidated fee schedule.
C. Motor Generator: The fee for installation of a motor generator for emergency or
standby shall be as shown on the Salt Lake City consolidated fee schedule.
D. Alternate Fee Schedule: Electrical permit fees shall be computed on the schedules
set forth on the Salt Lake City consolidated fee schedule and shall be paid prior to work being
started. When a fee cannot be computed on the standard schedules, it shall be computed based on
the alternate schedule shown on the Salt Lake City consolidated fee schedule.
18.36.130: ELECTRICAL WORK EXCEEDING ONE HUNDRED THOUSAND
DOLLARS:
When the cost of electrical work exceeds one hundred thousand dollars ($100,000.00), electrical
permit fees shall be as shown on the Salt Lake City consolidated fee schedule.
18.36.170: POWER TO PANEL PERMITS; REQUIRED WHEN:
All new construction shall require a power to panel permit in accordance with section 18.36.180
of this chapter, or its successor section, to be issued in conjunction with the required electrical
permit.
18.36.180: POWER TO PANEL PERMIT; FOR CONSTRUCTION PURPOSES ONLY:
A. Temporary Basis: A power to panel permit shall authorize power for construction
purposes on a temporary basis only; permanent power must be authorized separately.
B. Permit: At the time power to panel is required to complete construction, the owner
or contractor shall apply for and obtain a separate power to panel construction permit. Said
permit shall be valid for a sixty (60) day period.
C. Extensions: Thirty (30) day extensions for such permit may be issued upon the
approval of building and housing services and upon payment of one-half (1/2) of the original
permit fee for each extension.
D. Certificate Of Occupancy: Final electrical approval for permanent power shall be
withheld until a certificate of occupancy is issued. Occupancy occurring prior to the issuance of a
certificate of occupancy shall result in a discontinuance of all power until occupancy is approved
or until occupancy ceases.
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E. Expiration: Upon expiration of a power to panel construction permit, all power to
the electrical panel shall be discontinued.
F. Fees:
60 day, no issue fee $20.00
30 day extension 7.00
18.36.210: VIOLATION; PENALTY:
Any person, firm or corporation, whether acting as owner or occupant of the premises involved,
or contractor, or otherwise, who violates or refuses to comply with any provisions of this title, or
the national electrical code, as amended, shall be guilty of a misdemeanor. A separate offense
shall be deemed to be committed on each day an offense occurs or continues.
SECTION 10. Amending the text of Salt Lake City Code Chapter 18.48. That Chapter
18.48 of the Salt Lake City Code (Technical Building Specifications: Dangerous Buildings) is
hereby amended as follows:
CHAPTER 18.48
DANGEROUS BUILDINGS
ARTICLE I. REPAIR AND VACATION OF DANGEROUS BUILDINGS
18.48.010: TITLE:
This chapter shall implement the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition.
18.48.020: PURPOSE AND SCOPE:
It is the purpose of this chapter to provide just, equitable, and practicable methods to require the
repair (including temporary boarding) and vacation of buildings or structures that endanger the
life, limb, health, morals, property, safety, or welfare of the general public or their occupants.
18.48.030: DEFINITIONS:
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BUILDING CODE: The International Building Code, or its successor, promulgated by the
International Code Council, as adopted by the state.
BOARDED BUILDING: A building in which accessible openings, such as windows and doors,
are secured by a secondary means against entry. Examples of securing a building by a secondary
means includes, but is not limited to, boarding and fencing.
DANGEROUS BUILDINGS: Any building or structure that has any or all of the conditions or
defects hereinafter described may be deemed to be a dangerous building, provided that such
conditions or defects exist to the extent that the life, health, property, or safety of the public or its
occupants are endangered.
A. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient
width or size or is not so arranged as to provide safe and adequate means of exit in case
of fire or panic.
B. Whenever the walking surface of any aisle, passageway, stairway or other means of exit
is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
C. Whenever the stress in any materials, member or portion thereof, due to all dead and live
loads, is more than 1.5 times the working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
D. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by
any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum
requirements of the Building Code for new buildings of similar structure, purpose, or
location.
E. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged, or to collapse and thereby injure persons or damage property.
F. Whenever any portion of a building, or any member, appurtenance, or ornamentation on
the exterior thereof is not of sufficient strength or stability, or is not so anchored,
attached, or fastened in place so as to be capable of resisting a wind pressure of one half
of that specified in the Building Code for new buildings of similar structure, purpose or
location without exceeding the working stresses permitted in the Building Code for such
buildings.
G. Whenever any portion of a building or structure has wracked, warped, buckled, or settled
to such an extent that walls or other structural portions have materially less resistance to
winds or earthquakes than is required in the case of similar new construction.
H. Whenever the building or structure, or any portion thereof, because of (i) dilapidation,
deterioration or decay; (ii) faulty construction; (iii) the removal, movement or instability
of any portion of the ground necessary for the purpose of supporting such building; (iv)
the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely
to partially or completely collapse.
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A. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used.
B. Whenever the exterior walls or other vertical structural members list, lean, or buckle to
such an extent that a plumb line passing through the center of gravity does not fall inside
the middle one third of the base.
C. Whenever the building or structure, exclusive of the foundation, shows 33% or more
damage or deterioration of its supporting member or members, or 50% damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings.
D. Whenever the building or structure has been so damaged by fire, wind, earthquake, or
flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to
children or as to enable persons to resort thereto for the purpose of committing unlawful
acts.
E. Whenever any building or structure has been constructed, exists, or is maintained in
violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this jurisdiction, as specified in the
Building Code or Housing Code, or of any law or ordinance of this state or jurisdiction
relating to the condition, location, or structure of buildings.
F. Whenever any building or structure which, whether or not erected in accordance with all
applicable laws and ordinances, has in any non-supporting part, member or portion less
than 50%, or in any supporting part, member or portion less than 66% of the (i) strength,
(ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,
height and occupancy in the same location.
G. Whenever a building or structure, used or intended to be used for dwelling purposes,
because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by
the health officer to be unsanitary, unfit for human habitation, or in such a condition that
is likely to cause sickness or disease.
H. Whenever any building or structure, because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction,
faulty electric wiring, gas connections or heating apparatus, or other cause, is determined
by the fire marshal to be a fire hazard.
I. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
J. Whenever any portion of a building or structure remains on a site after the demolition or
destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or
portion thereof an attractive nuisance or hazard to the public.
HOUSING CODE: The Salt Lake City Existing Residential Housing Ordinance as promulgated
in Chapter 18.50 of the City Code.
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VACANT/SECURE BUILDING: An unoccupied building having all openings, such as windows
and doors, secured against entry, where windows are fully glazed and the doors are secured by
means of a lock.
18.48.040: AUTHORITY TO ENFORCE:
A. Authority to Enforce: The building official or designee is hereby authorized to
enforce the provisions of this chapter.
B. Authority to Inspect: The building official or their designee is hereby authorized
to make inspections and take such actions as may be required to enforce the provisions of this
chapter.
C. Buildings or Structures Subject to Inspection: Any building or structure, where
there is reasonable cause to believe a condition exists that renders the building or structure
endangering the life, limb, health, morals, property, safety, or welfare of the general public or the
structure’s occupants, is subject to inspection by the building official or their designee.
18.48.050: PROCEDURES UPON DETERMINATION OF A VIOLATION:
When the building official has inspected or caused to be inspected any building and has found
and determined that such building is a dangerous building, the building official shall follow the
enforcement procedures set forth in the 1997 Uniform Code for the Abatement of Dangerous
Buildings.
18.48.060: RESERVED
18.48.070: RESERVED
18.48.080: APPEALS:
Appeals of a notice and order issued pursuant to this chapter shall be taken in accordance with
Chapter 18.12.
18.48.090: CITY'S ABATEMENT OF PROPERTY:
If the property owner does not comply with the notice and order issued pursuant to this chapter
within the time specified in the notice and order, the building official or designees may cause the
building to be repaired, vacated, or temporarily boarded to the extent necessary to correct the
conditions which render the building dangerous as set forth in the notice and order. Any such
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repair, vacation, or boarding shall be completed and the cost thereof paid and recovered as set
forth in this chapter.
18.48.100: RECOVERY OF COSTS:
A. Permitted Recovery of Costs: If the building official or designee causes the repair,
vacation, or boarding of a building pursuant to a notice issued under this chapter, and after the
property owner received at least 10 days’ notice in which to complete the repair, vacation or
boarding and failed to do so, the division may collect the cost of that abatement, by filing a
property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the repair, vacation, or boarding
work, the building official or designee shall prepare an itemized statement of costs and mail it to
the property owner by certified mail or reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked. The administrative fee shown on the Salt Lake City consolidated fee schedule to cover
the city's administrative expenses in contracting for the repair, boarding, or other abatement costs
shall be included in the statement of costs.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or reputable mail tracking
service that is capable of confirming delivery addressed to the last known address of the property
owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer, only as to the issue of whether the costs were actually incurred,
pursuant to Section 18.12.050.
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A. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
B. Failure to Pay after Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer within 30
days of the date of the hearing, the inspector may certify the past due costs and expense to the
Salt Lake County Treasurer.
C. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
D. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the treasurer.
18.48.110: APPLICABILITY OF BUILDING CODE:
All buildings or structures which are required to be repaired under the provisions of this chapter
shall be subject to the provisions of the applicable construction codes adopted pursuant to
Section 18.04.040.
18.48.120: PUBLIC NUISANCES:
A. Declaration and Abatement of Public Nuisances: All buildings or structures or
portions thereof which are determined after inspection by the building official to be dangerous
are hereby declared to be public nuisances and shall be abated by repair, vacation, or boarding in
accordance with the procedures specified herein.
B. Boarded or Vacant Building as Public Nuisance: Any structure that is vacant or
which has been boarded may be declared a public nuisance upon a determination that the
structure is detrimental to the safety or public welfare of the residents and property values of this
city.
ARTICLE II. BOARDING OR TEMPORARILY SECURING BUILDINGS
18.48.200: SCOPE AND APPLICABILITY:
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The provisions of this article apply to any person or entity who is ordered to board a building
under Article I and any person or entity who voluntarily boards a building.
18.48.205: REGISTRATION:
A. Registration Required: Registration is required to board a building. In the case
where the city causes the boarding work to be done pursuant to Section 18.48.245, the city will
register the property on which the building is located and will bill the record owner the yearly
registration fee pursuant to Section 18.48.215. In the case where the building official causes
temporary boarding work to be done pursuant to Section 18.48.090 and the building is boarded
for more than 45 days, the provisions of this Article II shall apply.
B. Registration Process: Registration of a property on which a boarded structure
shall be located must be done on a form provided by the building official or designee. The form
shall specify the following:
1. The address of the structure to be boarded or temporarily secured;
2. The type of building;
3. For residential structures, the number of dwelling units;
4. For nonresidential buildings, the number of square feet of all building
faces at ground level;
5. The name, address, and telephone number of a person authorized to act as
an agent for the owner for performing the owner's obligations under this article, who lives
within 40 miles of Salt Lake City; and
6. Whether the property has the required external water source for
landscaping, if landscaping is required.
18.48.210: NOTICE OF REGISTRATION:
Upon registration the city may record with the Salt Lake County Recorder’s Office a notice of
registration. The recordation of a notice of registration shall not be deemed an encumbrance on
the property but shall merely place interested parties on notice that the cost of City abatement
activities conducted pursuant to Section 18.48.245 may be outstanding and recoverable as a lien
on the property in accordance with Section 18.48.100. Once the building official determines that
the property is no longer subject to registration then a notice of deregistration shall be recorded.
Recordation of the notice of deregistration shall have the effect of canceling the recorded notice
of registration.
18.48.215: YEARLY REGISTRATION FEES:
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A. Annual Fee: Upon registration and on each yearly anniversary of the date the
property was registered pursuant to this article, a property owner desiring to maintain a boarded
building shall pay the annual boarding registration fee shown on the Salt Lake City consolidated
fee schedule. Properties that are defined as a “contributing structure” or “landmark site” pursuant
to Section 21A.34.020 shall be subject to a higher registration fee.
B. Late Penalty and Interest: If annual registration fees are not timely paid, an
accounts receivable fee and interest shall accrue pursuant to Section 3.16.040.
C. Failure to Register: Boarding a building before registering pursuant to this article
shall result in a fine of up to 25% of the boarding registration fee specified in the Salt Lake City
consolidated fee schedule.
D. Collection of Fees: If the property owner fails to pay the boarding registration
fees, the city may take legal action to collect any amounts owed.
18.48.220: POSTING OF BOARDED OR CLOSED TO OCCUPANCY BUILDINGS:
Whenever a building is boarded or closed to occupancy, the city shall be authorized to install a
sign to be mounted on the exterior of the building. The sign shall state that the building is closed
to occupancy and that it is unlawful for any unauthorized person to enter the building. The sign
shall also provide phone numbers to call if people are seen on the property or if doors or
windows are unsecured.
18.48.225: METHOD OF SECURING BUILDINGS:
All buildings shall be boarded in the following manner:
A. Securing Opening: All openings in the structure on the first floor, other openings
easily accessible from the ground, and openings with broken glass, shall be secured either by
erecting a single 1/2 inch thick layer of plywood sheathing or similar material, not to include
chipboard/OSB, covering over all exterior openings, overlapping the opening on every edge by 3
inches, affixed along the edges by nails or screws spaced every 6 inches.
B. Alternatives to Securing Openings: Alternately, the openings may be secured by
conventional wood frame construction. The frames shall use wood studs of a size not less than 2
inches by 4 inches (nominal dimension) placed not more than 24 inches apart on center. The
frame stud shall have the 4 inch sides or the wide dimension perpendicular to the face of the
wall. Each side of the frame shall be covered with plywood sheathing or similar material of at
least 1/2 inch thickness or equivalent lumber nailed over the opening by using nails or screws
spaced every 6 inches on the outside edges and every 12 inches along intermediate stud supports;
and
C. Exterior Doors: Exterior doors shall be secured by a strong non-glass door
adequately locked to preclude entry of unauthorized persons, or shall be covered as an opening
described in Subsection A or B of this section or successor sections.
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18.48.230: LANDSCAPE MAINTENANCE:
Existing landscaping and lawn on the property shall be maintained in the manner otherwise
required by Chapters 9.16 and 21A.48.
18.48.235: EXTERIOR MAINTENANCE:
A. Exterior of Building: The exterior of a boarded building shall be maintained as
required by relevant requirements set forth in Section 18.50.140. In particular, exterior walls and
surfaces shall be properly maintained and severely weathered, peeling, or unpainted wood and
damaged siding and roofing shall be replaced or repaired with similar materials and colors.
B. Salvage Permit Required: Doors, windows, special glass, fixtures, fittings, pipes,
railings, posts, panels, boards, lumber, stones, bricks, marble, or similar materials within the
interior of a boarded building shall not be salvaged except upon the issuance of a permit as
provided in Section 18.64.070.
18.48.240: SNOW AND ICE REMOVAL:
Snow and ice must be removed from public sidewalk areas surrounding the boarded property in
the manner indicated in Section 14.20.070.
18.48.245: CITY MAINTENANCE OF PROPERTY:
A. Notice: If the building official or the building official's designee determines that a
boarded building and/or property is not being maintained, the building official or the building
official's designee shall issue a notice and order pursuant to Section 18.24.040 requiring
compliance with the building maintenance standards as required in city code.
B. Failure to Comply with Notice: If the building official or designee determines that
the property owner has failed to comply with the notice and order, the city may cause the work to
be done by a contractor hired by the city and the city may recover its abatement costs in
accordance with the process set forth in Section 18.48.100.
18.48.250: CITY MAINTENANCE OF LANDSCAPING:
If the building official or the building official's designee determines that the landscaping on the
property surrounding a boarded building is not being maintained as required by city code, the
building official or the building official's designee shall follow the notice of violation and
corrective measures procedures as detailed in Sections 9.16.050 and 9.16.060.
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18.48.255: VIOLATIONS:
A. It is unlawful for the building owner to fail to maintain the boarded building or
ensure the building remains vacated after the property has been abated by either the city or the
building owner. Each day a violation occurs shall be a separate offense.
B. Violations of the provisions of this chapter are punishable in accordance with
Chapter 18.24.
18.48.260: BUILDING INSPECTIONS REQUIRED:
Whenever a property owner, manager, or tenant intends to clean, repair, renovate, reopen or
reoccupy a building that has been boarded, the building is to be inspected by the building official
or designee and a permit must be issued by building services or its successor prior to the building
owner, manager, or tenant initiating any of the above actions. Any person conducting any work
on a building that has been boarded or closed to occupancy must have a valid building permit at
all times.
SECTION 11. Amending the text of Salt Lake City Code Chapter 18.50. That Chapter
18.50 of the Salt Lake City Code (Technical Building Specifications: Existing Residential
Housing) is hereby amended as follows:
CHAPTER 18.50
EXISTING RESIDENTIAL HOUSING
18.50.010: TITLE:
This chapter shall be known as the SALT LAKE CITY EXISTING RESIDENTIAL HOUSING
ORDINANCE.
18.50.020: PURPOSE AND SCOPE:
A. Purpose: The purpose of this chapter is to provide for the health, safety, comfort,
convenience and aesthetics of Salt Lake City and its present and future inhabitants and
businesses, to protect the tax base, and to protect property values within the city, as provided by
Section 10-9a-102 of the Utah Code, or its successor section, and other applicable state statutes.
This purpose shall be accomplished by regulating the maintenance, repair and remodeling of
residential buildings specified in this chapter existing as of the date of enactment hereof by:
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11.Establishing minimum housing standards for all buildings or portions
thereof used, or designed or intended to be used, for human habitation;
12.Establishing minimum standards for safety from fire and other hazards;
13.Promoting maintenance and improvement of structures by applying
standards of this chapter to renovations. This chapter allows distinctions in the
application of standards based on the year a structure was built, as long as a reasonable
level of safety is achieved;
14.Avoiding the closure or abandonment of housing and the displacement of
occupants where such can be done without sacrificing the public health, safety and
welfare;
15.Providing for the administration, enforcement and penalties for this
chapter.
B. Scope:
1. Application to Existing Buildings: This chapter encompasses fire safety
and structural integrity of existing residential buildings. Within the structures, the scope
includes equipment and facilities for light, ventilation, heating, sanitation, protection
from the elements, space requirements, and for safe and sanitary maintenance.
2. Application to Remodeling of Existing Residential Buildings: This chapter
shall apply to remodeling or renovation of all residential buildings existing as of the date
of enactment hereof as follows:
a. This chapter applies regardless of tenancy, regardless of the
valuation of the renovations, and regardless of the date of such remodeling or
renovation, unless otherwise noted in this chapter.
b. The requirements of this chapter are minimums. During a
renovation or remodeling project, whenever conditions exist which allow such
work to comply with the codes adopted in Section 18.04.040, such codes shall
apply.
c. When a construction standard is omitted from this chapter, the
applicable standard shall be the state construction codes adopted and in effect at
the time the building was constructed or at the time the relevant electrical,
mechanical, or plumbing element was installed, whichever is later.
d. When the purpose of the renovation is to create new dwelling
units, the codes adopted in Section 18.04.040 shall apply.
3. Application to New Construction: From the date of adoption hereof, newly
constructed buildings must comply with the codes adopted pursuant to Section 18.04.040.
All additions to an existing building envelope shall comply with the codes adopted
pursuant to Section 18.04.040.
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16.Change of Use: Any building undergoing a change which intensifies the
use shall comply with the provisions of the codes adopted pursuant to Section 18.04.040.
17.Permits Required: Except as provided in this subsection, no building or
structure regulated by this chapter shall be erected, constructed, enlarged, altered, moved,
removed, converted, or demolished unless a separate permit for each building or structure
has first been obtained from the building official. Except where required by state law,
permits are not required for those items identified in Section 105.2 of the International
Building Code and International Residential Code, or as otherwise directed by the
building official.
C. Violations: It is unlawful for any person to:
1. Erect, construct, enlarge, alter, repair, move, improve, remove, convert, or
demolish, equip, use, occupy or maintain any building or structure or cause or permit the
same to be done in violation of this chapter;
2. Fail to obey a notice and order issued pursuant to this chapter;
3. Occupy, or rent for occupancy, a building that has been closed to
occupancy; or
4. Fail to obey an interpretation, decision or requirement of the board of
appeals and examiners.
18.50.030: DEFINITIONS:
A. Construction of Terms: For the purpose of this chapter, certain terms, phrases,
words, and their derivations shall be construed as specified in this section. Words used in the
singular include the plural, and words used in the plural include the singular.
B. Whole Includes Part: Whenever the words "apartment house", "building",
"dormitory", "dwelling unit", "habitable room", "hotel", "housing unit" or "structure" are used in
this chapter such words shall be construed as if followed by the words "or any portion thereof".
C. Referenced Documents: References to codes, ordinances, chapters, sections, or
subsections shall include any successor to such code, ordinance, chapter, section, or subsection
that has been adopted by the city.
D. Defined Terms:
AGENT: Any person, firm, partnership, association, joint venture, corporation, or other entity
who acts for or on behalf of others.
BASEMENT: A floor level, any part of which is more than 4 feet below grade for more than
50% of the total perimeter or more than 8 feet below grade at any point.
BATHROOM: A room containing at least one of each of the following fixtures: sink, toilet, and
tub or shower. It may also include a bidet.
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BEDROOM: Any space designed or used for sleeping.
BOARDING HOUSE: The same as defined in Title 21A.
BUILDING: Any structure which is used, designed or intended to be used for human habitation.
BUILDING CLOSURE, CLOSED TO ENTRY, OR CLOSED TO UNAUTHORIZED ENTRY:
A building which has been closed to occupancy.
BUILDING INSPECTOR: A person designated by the building official to make inspections of
buildings and properties covered by this chapter.
CEILING HEIGHT: The vertical distance from the finished floor to finished ceiling or to the
lowest point of the ceiling framing members. Where obstructions other than lighting fixtures
exist below the ceiling, the height shall be measured from the obstruction to the finished floor.
CERTIFICATE OF OCCUPANCY: A certificate issued by the building official authorizing
occupancy of a building.
COMMON ROOM: A room available in congregate housing for the shared use of occupants of 2
or more housing units. This does not include common corridors and exit passages, but does
include kitchens and game rooms.
CONDOMINIUM: Property or portions thereof conforming to the definition set forth in section
57-8-3 of the Utah Code, as amended, or its successor.
CONGREGATE HOUSING: Any building which contains facilities for living, sleeping and
sanitation, as required by this chapter, and may include facilities for eating and cooking, for
occupancy by other than a family. Congregate housing includes SROs, convents, monasteries,
dormitories, boarding and rooming houses, hostels, fraternity and sorority houses, but does not
include shelters, jails, hospitals, nursing homes, hotels or lodging houses.
COOKING FACILITY: At a minimum, a range with stove top and oven, or alternatively, a
nonportable cooktop and oven, and a sink.
CORRIDOR: A hallway that serves more than one dwelling unit.
EFFICIENCY DWELLING UNIT: A dwelling unit containing only one habitable room with a
bath and/or kitchen in the unit.
EXISTING: In existence prior to adoption hereof.
EXITWAY: A continuous and unobstructed means of egress to a public way and includes any
intervening aisles, doorways, gates, corridors, exterior exit ramps, stairways, smokeproof
enclosures, horizontal exits, exit passageways, and exit access ramps as these terms are defined
in the International Building Code.
FAMILY: The same as defined in Title 21A.
FIRE RESISTANCE OR FIRE RESISTIVE CONSTRUCTION: Construction that resists the
spread of fire.
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FLOOR AREA COMPUTATION: The floor area of a habitable room excluding closets,
cabinets, bathrooms, and kitchens when such kitchens are separated from the habitable room by
walls or other partitions.
GARAGE: A building or portion thereof designed, used, or intended to be used for parking or
storage of a motor vehicle containing flammable or combustible liquids or gas in its tank.
GLAZING: Light transmitting glass or plastic installed in windows, doors and skylights,
including safety glass, but not including glass block.
HABITABLE ROOM: A room in a building for living, sleeping, eating or cooking. Bathrooms,
toilet rooms, closets, halls, storage or utility space, and similar areas are not habitable rooms.
HALL: A space used for circulating between the rooms of a building within an individual
dwelling unit.
HAZARDOUS CONDITION: A condition in a residential building or dwelling unit where
failure of a structural, electrical, mechanical or plumbing component system or systems is likely
to occur reasonably soon but which has not yet occurred or which is not serious enough to be
considered an "imminent danger". "Hazardous conditions" consist of any of the following:
1. All of the conditions listed under the definition of "imminent danger" if
those conditions can be repaired safely while all or the affected part of the building or
unit remains occupied; or
2. "Imminent danger" conditions which have been partially secured pursuant
to Section 18.24.030.E;
3. Improper, missing, misused or malfunctioning electrical service or
disconnect devices;
4. Cracked, displaced or missing foundations resulting in settlement and
structural damage;
5. Defective or deteriorated flooring or floor supports;
6. Flooring or floor supports of insufficient size to carry imposed loads with
safety;
7. Members of walls, partitions or other vertical supports that crack, split,
lean, list or buckle due to defective material or deterioration where failure is likely to
occur reasonably soon but is not likely to occur immediately;
8. Members of walls, partitions or other vertical supports that are of
insufficient size to carry imposed loads with safety;
9. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
or vertical members which sag, split or buckle due to defective material or deterioration;
10. Inoperable toilet, bathroom sink, or bathtub or shower in a dwelling unit or
congregate housing unit;
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18.Lack of or inoperable kitchen sink in a dwelling unit or congregate
housing unit;
19.Fireplaces or chimneys which are of insufficient size or strength to carry
imposed loads with safety such that failure is likely to occur reasonably soon but is not
likely to occur immediately;
20.Except as defined under "imminent danger" below, conditions that reduce
the width, height or area of a required emergency exitway or required escape window;
21.All buildings or portions thereof which are not provided with the operable
fire extinguishing systems or equipment required by city codes;
22.Buildings or portions thereof occupied for living, sleeping, cooking or
dining purposes which were not designed or intended to be used for such occupancies;
23.Lack of a kitchen area equipped with a working stove, oven, sink and
refrigerator unless specified otherwise by this code.
HISTORIC BUILDING: Any building or structure which has been designated for preservation
by Salt Lake City pursuant to Title 21A or its successor, or is a contributory structure located in
an historic district designated pursuant to Title 21A.
HOTEL: Any building containing guestrooms intended or designed to be used, rented, or hired
out to be occupied, or which are occupied for sleeping purposes by guests on a daily basis.
HOTEL/MOTEL ROOM: A room or combination of rooms (suite) offered as a single unit for
lodging on a daily or weekly basis.
IMMINENT DANGER: A condition in a building or dwelling unit subject to this chapter where
structural, electrical, mechanical or plumbing systems have failed so that they may cause
immediate death or serious injury to the building's occupants or the public. Conditions of
"imminent danger" are those that are so severe and dangerous that either repairs cannot be
completed immediately or it is appropriate to have the residents or other occupants leave the
building or unit before the repairs have begun. "Imminent danger" consists of any of the
following and other similarly serious conditions:
1. Failed or missing foundations, beams, columns, floor systems;
2. Members of ceilings, roofs, ceiling and roof supports, or other horizontal
members which sag, split or buckle and failure is likely to occur at any moment;
3. Broken water lines causing flooding which is undermining structural
supports or otherwise endangering the building's integrity;
4. Leaking gas;
5. Missing flues or vent connectors resulting in exhaust gases entering the
building;
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6. Lack of adequate heating facilities during the months of October through
April;
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7. Overload of main and branch electrical distribution systems;
8. Exposed electrical wires, fuses and electrical current breakers capable of
producing electrical shock or fire and readily accessible to the occupants or the public;
9. Stairs and stair components that cannot carry the loads intended and which
may collapse if so loaded;
10. Contaminated water systems;
11. A complete absence of toilet facilities;
12. A complete lack of water supply or sewage disposal facilities, as a result
of a failure of a building's or dwelling unit's system and not a city system failure;
13. Blocked emergency egress halls, corridors and/or doors, including
accumulation or storage of materials in stairways, corridors, doors or windows, or other
condition which blocks the means of egress.
INFESTATION: The presence of insects, rodents or other pests in or around a building in
numbers that are or may be detrimental to the health, safety or general welfare of the occupants.
KITCHEN: A space or room used, designed or intended to be used for the preparation of food,
which includes permanently installed cooking facilities.
MAINTENANCE: The repair, replacement and refinishing of any component of an existing
structure, but does not include alteration or modification to the existing weight bearing structural
components.
MINOR DEFICIENCIES: A structural, electrical, mechanical or plumbing code violation that is
minor in nature and is less severe or dangerous than a "substandard condition". "Minor
deficiencies" include the following, and other similarly minor conditions:
1. Interior finish wall coverings missing or in disrepair;
2. Lack of paint;
3. Dripping or leaking kitchen or bathroom faucets;
4. Soffit and fascia trim of which no more than 20% is weathered, missing,
or loose.
MONUMENTAL STAIRS: A stairway, exceeding 4 feet in width, at the main entrance on the
exterior of a building.
MULTIPLE-FAMILY STRUCTURE: A residential building containing 3 or more dwelling
units.
NEC: The edition of the national electrical code currently adopted by the city.
OCCUPANT: A person occupying or having possession of a dwelling unit.
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OPENING: An exterior glazed opening capable of being closed to the weather, consisting of a
window, a glazed door, or an openable glazed skylight, which opens upon a roof, yard, court,
street, alley or recess from a court.
PATTERN OF CIRCULATION: Any area in a room or group of rooms where the occupant is
likely to walk because of the location of doors, fixtures or furniture placement when size of room
restricts furniture placement. Fixtures, pipes and ducts projecting from the ceiling which are
located near the middle of the room are within the pattern of circulation.
PLUMBING SYSTEM: Any potable water distribution piping, and any drainage piping within
or below any building, including all plumbing fixtures, traps, vents and devices appurtenant to
such water distribution or drainage piping and including potable water treating or using
equipment, and any lawn sprinkling system.
PREMISES: A lot, plot or parcel of land including the buildings or structures thereon.
RESIDENTIAL BUILDING: The portions of a building that contain dwelling units.
SRO (SINGLE ROOM OCCUPANCY): A congregate housing where the dwelling units have
one combined sleeping and living room and may include a kitchen and/or a separate private
bathroom.
SAFETY: The condition of being safe from causing harm, injury or loss.
SECURED BUILDING: A building where all windows and doors are intact and lockable against
unauthorized entry.
SLOPING CEILING: Any ceiling with a slope greater than 1/2 inch per foot.
SMOKE DETECTOR: An approved device which senses visible or invisible particles of
combustion.
SPACE, COMMON: "Common space" means shared areas available for use by the occupants of
the building.
SPACE, PRIVATE: "Private space" means the portion of a dwelling unit which is for the
exclusive use of the occupants of the unit.
SUBSTANDARD CONDITION: A structural, electrical, mechanical or plumbing system
condition in a residential building or dwelling unit which violates applicable codes but with
maintenance or repair can be made fully safe and which does not amount to an "imminent
danger" or a "hazardous condition". "Substandard conditions" include the following as well as
any violations of the standards in this chapter which have not been included in the categories of
"imminent danger", "hazardous condition" or "minor deficiency":
1. Deteriorated or inadequate foundations with cracking and evidence of
settlement;
2. Defective or deteriorated flooring or floor supports;
3. Members of walls, partitions or other vertical supports that split, lean, list
or buckle due to defective material or deterioration;
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1. Members of ceilings, roofs, ceiling and roof supports, or other members
that are of insufficient size to carry live and dead loads with safety;
2. Soffit and fascia trim more than 20% of which is weathered, missing or
loose;
3. Missing, decayed, buckling or worn out roof covering;
4. Roof having more than 2 layers of shingle type roof covering;
5. Fireplaces or chimneys which list, bulge or settle, due to defective
material or deterioration;
6. Parapet wall or parapet cap bricks that are loose or missing;
7. Stair risers, treads, jacks, stringers or supports that are cracked or
otherwise deteriorated or missing;
8. Plumbing which was not installed in accordance with the adopted
plumbing code in effect at the time of installation or with generally accepted construction
practices, has not been maintained in good condition, or is not free of cross connections
or siphonage;
9. Continuous running water in a toilet, bathroom sink or kitchen sink;
10. Lack of hot or cold running water to plumbing fixtures in a dwelling unit
or congregate housing structure;
11. Mechanical equipment which was not installed in accordance with codes
in effect at the time of installation, or with generally accepted construction practices, or
which has not been maintained in good and safe condition;
12. Inoperable heating systems during the months of May through September;
13. Inoperable air conditioning systems, when the building is supplied with
such a system and lacks other adequate forms of ventilation and the air conditioning
system fails to keep the air temperature below 85°F;
14. Damaged or missing heat ducts or missing heat duct registers;
15. Electrical wiring which was not installed in accordance with codes in
effect at the time of installation or with generally accepted construction practices, has not
been maintained in good condition, or is not being used in a safe manner;
16. Missing light fixtures, switches and outlet and switch cover plates;
17. Overcurrent situations such as those caused by the use of electrical
extension cords and multiple light fixtures;
18. Lack of the minimum natural light and ventilation required by this
chapter;
19. Room and space dimensions less than that required by this chapter;
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20. Dampness of habitable rooms as evidenced by water damage or excess
moisture on ceilings, walls or floors;
21. Deteriorated, crumbling or loose plaster or stucco;
22. Deteriorated or ineffective waterproofing of exterior walls, roof,
foundation or floors, including broken windows or doors;
23. Deteriorated or lack of weather protection for exterior wall coverings;
24. Broken, rotted, split or buckled exterior wall coverings or roof coverings;
25. Wood has been installed within 6 inches of earth which is not naturally
decay resistant, treated wood or wood protected by an approved barrier;
26. Infestation of insects, vermin or rodents as determined by the Salt Lake
County health department, or its succcessor;
27. Lack of garbage and rubbish storage and removal facilities as determined
by the Salt Lake County health department regulations;
28. Those premises on which an accumulation of weeds, vegetation, junk,
dead organic matter, debris, garbage, offal, rat harborages, stagnant water, and similar
materials or conditions constitute a violation of the Salt Lake County health department
regulations;
29. Any building, device, apparatus, equipment, combustible materials or
vegetation which, in the opinion of the chief of fire department or building official, is in
such a condition as to cause a fire or explosion or provide a ready fuel to augment the
spread and intensity of fire or explosion arising from any cause;
30. Any fire resistive requirement of this chapter which is not met;
31. Drainage of water from roofs or yards in a manner that creates flooding or
damage to a structure;
32. Any equipment or apparatus that causes excessive noise, pollution, odor or
light as defined by the Salt Lake City code or Salt Lake County health regulations;
33. Guardrails or handrails in common areas that are missing or cannot
support required loads.
TOILET ROOM: A room which contains a toilet. It may also contain a sink, but does not contain
a tub or shower.
UNFIT FOR HUMAN OCCUPANCY: A condition of premises which has been found by the
building official to be an "imminent danger" or "hazardous condition" situation as defined by this
chapter, or which fails to meet the sanitation requirements of the Salt Lake County health
department.
VENTILATION, NATURAL: "Natural ventilation" means any openable exterior door, window
or skylight which opens upon a roof, yard, court, street or alley.
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YARD: As defined in Title 21A.
18.50.040: AUTHORITY:
A. Enforcement: The building official is authorized to enforce all the provisions of
this chapter. The building official may issue and deliver enforcement orders under authority
provided by state law.
B. Interpretation: The building official may render interpretations of this chapter and
adopt and enforce rules and supplemental regulations pursuant to adopted state construction
codes to clarify the application of its provisions. Such interpretations, rules and regulations shall
conform to the intent and purpose of this chapter, and shall be made available in writing for
public inspection upon request.
C. Alternate Materials and Methods of Construction: This chapter is not intended to
exclude any method of structural design or repair not specifically provided for in this chapter or
applicable adopted state construction codes. The building official may approve any alternate
material or method of construction conforming to the applicable adopted state construction
codes.
18.50.050: RIGHT OF ENTRY:
A. Inspection: Whenever it is necessary to make an inspection to enforce any
provisions of this chapter, or whenever the building official has reasonable cause to believe a
code violation exists in any building or upon any premises which makes such building or
premises unsafe, dangerous or hazardous, the building official may, upon obtaining permission
of the owner or other person having charge or control of the premises or dwelling unit, or upon
obtaining a warrant, enter a residential property or premises to inspect it or to perform the duties
imposed by this chapter. If such building or premises is occupied, the building official shall first
present proper credentials and request entry. If such building or premises is unoccupied, the
building official shall first make a reasonable effort to locate the owner or other persons having
charge or control of the building or premises and request entry. If such entry is refused, the
building official shall have recourse to every remedy provided by law to secure entry. The
building official shall establish written policies which outline owner notification procedures for
regular inspections and establish handling of owner notification for tenant reports of unsafe,
dangerous and hazardous conditions.
B. Unoccupied Dwelling Unit: If an unoccupied dwelling unit is open and
unattended and the owner or other person having charge or control of the building or premises
cannot be located after reasonable effort, the building official or building official's designee may
enter the building. The building official shall issue a notice and order pursuant to Section
18.24.040 that the dwelling unit be immediately secured or boarded against the entry of
unauthorized persons.
C. Inspection Notification: In imminent danger or hazardous condition situations, or
when authorization to enter has not previously been granted by a tenant, the owner shall give the
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tenant a minimum of 24 hours' notification of an inspection of the tenant's premises by the
building official.
18.50.060: RESERVED
18.50.070: RESERVED
18.50.080: RESERVED
18.50.090: MINOR DEFICIENCY NOTIFICATION:
A. Determination: If the building inspector determines that a minor deficiency exists,
the building inspector may take the actions specified in this section.
B. Citations: Citations may be issued for minor deficiencies. However, such citations
shall be for the owner's information only and shall have no further legal force or effect. When a
notice and order is issued pursuant to Section 18.50.100, minor deficiencies may be included
under "for owner's information only". If a property inspection reveals only minor deficiencies,
the building inspector may mail a letter to the owner informing the owner of such minor
deficiencies.
18.50.100: ENFORCEMENT:
A. Determination: If the building inspector determines that a violation of this chapter
exists, the building inspector may take the actions specified in this section.
B. Warning Notice
1. Notice: If the building inspector finds that any provision of this chapter is
being violated, the inspector shall provide a written notice to the responsible party. The
written notice shall indicate the nature of the violation and order the action necessary to
correct it. The written notice shall state what action the inspector intends to take if the
violation is not corrected. The written notice shall include the time period in which the
violations must be corrected, which will be based on their severity.
2. Delivery of Notice: Such written notice issued by the inspector shall be
deemed sufficient and complete when served upon the responsible party as follows:
a. Personally by the inspector or his or her representative; or by
mailing, postage prepaid, by certified mail, return receipt requested or any
reputable mail tracking service that is capable of confirming delivery, addressed
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to the responsible party at the last known address appearing on the records of the
county recorder; and
b. By posting notice on the property where said violation(s) occurs.
8. In cases when delay in enforcement would seriously threaten the effective
enforcement of this chapter, or pose a danger to the public health, safety or welfare, the
inspector need not issue a warning notice.
C. Notice and Order: If, after issuance of the warning notice (if required), the
violations have not been corrected by the time period stated in the notice, the building inspector
may issue a notice and order pursuant to Section 18.24.040. The notice and order need not
provide any additional correction period and may impose fines beginning on the date it is issued.
D. Remedies: Upon issuance of a notice and order, the building inspector may pursue
any remedies allowed by Sections 18.24.030 and 18.24.050, except that civil fines shall accrue as
set forth in the Salt Lake City consolidated fee schedule specific to the violations of this chapter.
E. Daily Violations: Each day a violation continues after the issuance of the notice
and order (or cure deadline stated therein, if applicable) shall give rise to a separate civil fine.
F. Compliance: Accumulation of fines for violations, but not the obligation for
payment of fines already accrued, shall stop upon correction of the violation(s) once confirmed
through an inspection requested pursuant to Subsection 18.24.040.A.3.
G. Recurring Violations: In the case where a violation, which had been corrected,
reoccurs at the property within 6 months of the initial correction and is due to the actions or
inactions of the same responsible party as the prior violation, the city may begin enforcement of
said recurring violation and impose fines after a 10 day warning period.
18.50.110: APPEALS:
A. Filing of Appeals: Appeals of enforcement of this chapter shall be taken in
accordance with Chapter 18.12.
B. Inspection of the Premises: Before any hearing is held by the board of appeals and
examiners the board may inspect the building or premises involved. Prior notice of such
inspection shall be given to the responsible party filing the appeal, who may be present at such
inspection. Failure of the responsible party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal denied.
18.50.120: RESERVED
18.50.130: APPROVAL FOR OCCUPANCY:
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Following the correction of the deficiencies and prior to persons reoccupying any residential
building or dwelling unit after it has been closed to occupancy, the building official shall issue an
approval for occupancy.
18.50.140: EXTERIOR STANDARDS:
A. Structural Repair: All roofs, floors, walls, chimneys, foundations, and other
structural components shall be repaired when they no longer retain their structural integrity.
Loose bricks in chimneys shall be repaired and missing chimney caps shall be replaced.
B. Exterior Surfaces: Exposed materials that require weather protection and exterior
surfaces that are deteriorating shall be repaired to the extent necessary to stop damage from cold,
wind, water, or dampness. The roof covering and flashing shall form an impervious membrane.
C. Drainage: All surface water shall drain away from the structure and any potential
adverse effect of the runoff shall be mitigated to the reasonable satisfaction of the building
official.
D. Windows and Doors: Windows that are required by this chapter for light and
ventilation shall be fully glazed. Window openings not required to meet light, ventilation, and
egress standards may be sealed with opaque materials or removed. Broken or missing doors,
door frames, windows, and window sashes shall be replaced or repaired.
E. Appendages: All awnings, fire escapes, exhaust ducts and similar appendages
shall be maintained in good repair and be properly anchored.
F. House Addressing: All residential buildings shall display a street number in a
prominent location on the street side of the building in such a position that the number is easily
visible to approaching emergency vehicles. The numerals shall be in accordance with the codes
adopted in Section 18.04.040. Each individual unit within any multiple-family structure shall
display a prominent identification number.
G. Exterior Walkways: All sidewalks, walkways, stairs, driveways, parking spaces
and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
conditions.
18.50.150: INTERIOR STANDARDS:
A. Showers/Tubs: Showers shall be finished to a height of 70 inches above the
fixture drain outlet with nonabsorbent material. Freestanding tubs with shower risers may utilize
a shower curtain that totally encloses all sides of the tub.
B. Floor Coverings: All floor and stair coverings shall be maintained in a secure and
substantially intact manner. This standard does not apply to area or throw rugs within dwelling
units.
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C. Walls And Ceilings: All walls and ceilings shall be maintained so that they are
secure and intact. Surfaces shall be painted or covered with wallpaper or paneling.
D. Finishes, Washable Surfaces: In kitchens and bathrooms of congregate housing
and SROs, floors and walls within 15 inches of sinks, bidets, showers, toilets, and tubs shall be
finished with a nonporous material that is not adversely affected by moisture.
E. Operable Fixtures and Equipment: All fixtures, appliances, and equipment
required by this code shall be maintained in safe and operable condition.
18.50.160: DOORS, TRIM AND HARDWARE:
A. All doors, trim and hardware shall be kept in good working condition.
B. Exterior doors which are required for ingress and egress shall have locks which
are keyed from the exterior and are operable from the interior without the use of a key or other
special equipment or knowledge. Original locks in historic buildings are not required to be
replaced if in good working condition.
C. Hinges for out swinging doors shall be equipped with nonremovable hinge pins or
a mechanical interlock to preclude removal of the door from the exterior by removing the hinge
pins.
18.50.170: ENVIRONMENTAL OR SANITARY STANDARDS:
A. All premises shall be maintained clean, safe, sanitary and free from an
accumulation of rubbish. Every occupant of a structure shall keep that part of the structure and
exterior property which such occupant occupies, controls or uses in a clean and sanitary
condition. Every owner of a structure containing a boarding and rooming house, fraternity and
sorority house, dormitory, SRO or multiple-family dwelling units shall maintain, in a clean and
sanitary condition, the shared or public areas of the structure and exterior property.
B. Garbage and refuse storage and removal shall meet the requirements of the Salt
Lake County health department regulations.
C. There shall be no insect or rodent infestation in violation of the Salt Lake County
health department regulations.
D. Asbestos, regardless of the date of installation, shall meet the requirements of the
Salt Lake County health department regulations.
E. A room in which a toilet is located shall be separated from food preparation or
storage rooms by a tightfitting door.
18.50.180: SPACE AND OCCUPANCY STANDARDS:
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A. Ceiling Heights:
1. Habitable Rooms: The minimum ceiling height for all habitable rooms
shall be as set forth in the construction codes adopted in Section 18.04.040. This height
may be 6 feet 4 inches when the requirements of this chapter for emergency egress, light
and ventilation are met and a smoke detector and carbon monoxide detector are installed
pursuant to the construction codes adopted in Section 18.04.040. The only exception is
that a smoke detector is not required in a kitchen. Obstructions shall be allowed to 5 feet
10 inches when the obstruction is not in the pattern of circulation and obstructions are not
greater than 20% of the floor area of the room.
2. Nonhabitable Rooms Except Bathrooms: All nonhabitable rooms, except
bathrooms, shall have no minimum ceiling height requirement.
3. Bathrooms and Toilet Rooms: Bathrooms and toilet rooms shall have a
minimum ceiling height of 6 feet 0 inches. Obstructions shall be allowed to 5 feet 10
inches. The bathroom ceiling height at the back of a sink, toilet or tub without shower
may be sloped to a minimum height of 5 feet 0 inches at the wall when the ceiling height
is no less than 6 feet 0 inches at a point 2 feet 0 inches from the wall adjacent to the
bathroom plumbing fixture.
4. Sloping Ceilings: In any room with a sloping ceiling, at least one-half
(1/2) the floor area shall have a minimum ceiling height as required by this section. No
portion of the room with a ceiling height below 5 feet 0 inches may be used in the floor
area computation.
5. Corridors: A minimum ceiling height of 6 feet 4 inches shall be required
in corridors so long as there are a smoke detector and carbon monoxide detector installed
pursuant to the construction codes adopted in Section 18.04.040. Obstructions shall be
allowed to 5 feet 10 inches when the obstruction is not in the pattern of circulation and
obstructions are not greater than 20% of the floor area of the corridor.
B. Room and Corridor Size:
1. Floor Area and Room Dimensions: Floor area and room dimensions shall
be as set forth in the construction codes adopted in Section 18.04.040.
2. Sleeping Room Dimensions: Every room used for sleeping shall have
floor area equal to the amounts required by the construction codes adopted pursuant to
Section 18.04.040. Where more than 2 persons occupy a room used for sleeping, the
required floor area shall be increased at the rate of 50 square feet for each occupant in
excess of 2.
3. Corridors: The minimum width of corridors shall be 36 inches. In dwelling
units constructed prior to 1983, a minimum corridor width of 28 inches shall be
permitted.
C. Special Dwellings:
1. Efficiency Dwelling Units: An efficiency dwelling unit shall:
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• Have a living room floor area equal to the amounts required by the
construction codes adopted pursuant to Section 18.04.040. An additional 100
square feet of floor area shall be provided for each occupant in excess of two;
• Have a closet;
• Have a kitchen sink and cooking and refrigeration facilities, each
having a clear working space of at least 30 inches in front of the fixture or
appliance;
• Have a bathroom containing a toilet, sink and bathtub or shower.
9. Congregate Housing: Except for Shared Housing as defined in Title 21A,
individual units in congregate housing shall have at least one room with not less than 70
square feet of floor area per occupant. When individual rooms are less than 120 square
feet, a separate common room shall be provided of at least 120 square feet for each 10
units, with a minimum of one common room per floor. When separate rooms are not
provided with cooking facilities, the common room may be a common kitchen with a
floor area as defined by the floor area computation.
D. Cooking Facilities:
1. Cooking Facilities in Dwelling Units: Each dwelling unit shall have a
kitchen that supplies:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities. All cooking appliances shall be maintained in
good working condition.
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep.
c. A minimum of 4 square feet of counter space.
d. A refrigerator.
2. Cooking Facilities for Individual Units in Congregate Housing: As long as
such cooking facilities do not encroach into the required floor area, required cooking
facilities may be supplied in individual units, provided all of the following items are
supplied:
a. A range with stove top and oven, or in the alternative, a
nonportable cooktop and oven. Hot plates, pans, and similar units shall not be
considered as cooking facilities and are not allowed. Portable cooking devices are
not allowed in individual rooms;
b. An approved sink, with a minimum dimension of 12 inches by 12
inches by 4 inches deep;
c. A minimum of 4 square feet of counter space;
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• A refrigerator.
10. Common Kitchens in Congregate Housing: When cooking facilities are
not provided within individual units, congregate housing shall have a common kitchen
area which shall contain the following minimum facilities: a sink for each 20 tenants or
portion thereof, a range for each 20 tenants or portion thereof, and a refrigerator for each
10 tenants or portion thereof. The minimum kitchen area shall be 120 square feet based
on the floor area computation for the first 10 occupants or portion thereof, and an
additional 30 square feet for each additional 10 persons or portion thereof.
18.50.190: LIGHT AND VENTILATION:
A. Natural Light in Habitable Rooms:
1. Every habitable room shall have at least one window facing directly to the
outdoors to provide natural light. The minimum total window area shall equal 1/20th or
more of the floor area of the room, with a minimum of 3 and 1/2 square feet. Special
purpose rooms such as home theaters and film processing rooms shall not be subject to
this requirement. Kitchens may be provided with artificial light, which shall be a
minimum of 1.5 watts incandescent or 0.8 watts fluorescent per square foot of the room.
2. The glazed area of an exterior door may be used for purposes of
computing window size for natural light.
3. For the purpose of meeting light or ventilation requirements, as well as
emergency egress, a room may be considered as a portion of an adjoining room when 1/2
of the area of the common wall is open and unobstructed and provides an opening of not
less than 1/10 of the floor area of the interior room or 25 square feet, whichever is
greater.
B. Ventilation:
1. Habitable Rooms:
a. Except as provided in subsection B1b of this section, all habitable
rooms shall be provided with natural ventilation by means of openings to the
exterior which have the capability of being closed to the weather. Total openings
shall have an area at least 1/20 of the floor area of the room or 3 and 1/2 square
feet, whichever is greater.
b. A mechanical ventilation system shall be allowed in lieu of
openings for natural ventilation. Such system shall create a positive pressure in
the room and the air intake shall be connected directly to the outside and be
capable of 2 air exchanges per hour. In kitchens, the ventilation system may
create negative pressure. The air intake/exhaust source shall be located at least 3
feet above any opening which is within 10 feet of the air intake/exhaust.
c. Exterior doors may be used to meet natural ventilation
requirements.
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24.Bathrooms, Laundry Rooms, and other Nonhabitable Areas:
• Except as provided in subsection B2b of this section, all bathrooms
and laundry rooms shall be provided with natural ventilation by means of
openings to the exterior which have the capability of being closed to the weather.
Such openings shall have a total area not less than 1/20 of the floor area of the
room, with a minimum of 1 and 1/2 square feet.
• A mechanical exhaust system connected directly to the outside
shall be allowed in lieu of natural ventilation. The system shall be capable of
providing 5 air exchanges per hour. The exhaust air shall discharge at least 3 feet
above or 10 feet away from any air intake source. Toilet rooms may be ventilated
with an approved recirculation fan or similar device designed to remove odors
from the air.
• Mechanical or convection venting of bathrooms into the attic shall
be acceptable. Recirculating fans may be used in toilet rooms only. Bathrooms
with tubs or showers shall have a convection or mechanical exhaust system.
• Bathrooms constructed prior to 1970, which are vented with
convection vent openings extending to the outside shall meet the ventilation
requirement as long as the walls, ceiling and floor are not adversely affected by
moisture.
18.50.200: FIRE SAFETY; EGRESS:
A. Fire Safety: No hazard of fire or explosion shall be created or allowed to exist in
any building, premises, equipment or apparatus.
B. Exit and Emergency Egress:
1. Every existing dwelling unit shall have a safe, continuous and
unobstructed means of egress of a minimum ceiling height of 6 feet 4 inches and a
minimum egress width of 28 inches. Obstructions shall be allowed to 5 feet 10 inches
when the obstruction is not in the pattern of circulation and obstructions are not greater
than 20% of the floor area of the exitway. The exitway shall be kept in a proper state of
repair and maintained free of hazardous conditions and obstructions.
2. Every sleeping room located below the fourth story shall have at least one
openable window or exterior door approved for emergency egress or rescue. Every egress
window shall comply with the construction codes adopted in Section 18.04.040, unless
the size of the opening under such codes is not feasible then the opening shall have a
minimum of 3 and 1/2 square feet of openable space and clear opening dimensions of at
least 20 inches in one dimension and 24 inches in the other dimension. The escape
window must open directly into a yard or exit court, or into a public street or alley. When
windows are provided as a means of emergency egress or rescue, they shall have a
finished sill height of not more than 48 inches. If the distance from the floor to the
windowsill is more than 48 inches, a permanent ladder or platform attached to the wall or
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floor may be installed to meet the maximum height requirement. The ladder or platform
must be approved by the city.
3. For windows that are below grade, a window well shall run parallel to the
width of the window and extend at least 18 inches out from the exterior face of the
building. When the distance from the top of the window well to its bottom exceeds 48
inches, it shall be equipped with an approved permanently affixed ladder or stairs that are
accessible with the window in the fully open position. Grates are permitted over window
wells when hinged away from the structure and not weighing over 15 pounds per section
of the grate.
4. Bars, grills, grates or similar devices may be installed on emergency
escapes or rescue windows or doors, provided such devices are equipped with approved
release mechanisms which are operable from the inside of the grate without the use of a
key or special knowledge or effort.
C. Stairs and Handrails: Stairs and rails shall meet the requirements of the means of
egress section of the applicable adopted state construction code with the following modifications:
1. If there are 4 or more risers, a handrail shall be required. Two handrails
shall be required when the width of the stairs is 48 inches or more. Stairways less than 48
inches in width or stairways serving one individual dwelling unit in group R, division 1
or 3 occupancy, or a group R, division 3 congregate residence may have one handrail.
Handrails are not required for monumental stairs.
2. Handrails shall be placed not less than 30 inches nor more than 38 inches
above the outermost edge of the tread. Handrails for existing stairs are not required to
extend beyond the top or bottom stair tread.
3. Stairs shall have a maximum riser height of 9 inches and a minimum step
run of 8 inches. Existing stair flights may have a maximum variation in rise and run of 2
inches at the top and bottom of the flight. A maximum of 1 inch variation of rise and run
shall be allowed for all intermediate risers and treads. Stairs shall be level and shall
comply with life safety standards as defined herein.
4. Winding, circular and spiral stairs may run to narrow to a point. The run
shall measure 8 inches (12 inches from the narrow point).
5. There shall be no minimum rise or run requirement nor maximum
variation in the rise and run for stairs leading only to mechanical, storage, utility, and
nonhabitable rooms in any residential structure and laundry rooms in individual dwelling
units provided the stairs are structurally sound.
6. Steps shall be maintained in a safe manner. Missing steps, steps which are
deteriorated to the point that a foothold is difficult to maintain, staircases which have
missing boards, and/or staircases which contain boards that have lost their structural
integrity shall be repaired to a safe condition.
7. Interior and exterior stairs shall have a minimum headroom height of 6
feet 4 inches so long as there are electrical powered smoke detectors installed pursuant to
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the construction codes adopted in Section 18.04.040, except for stairs to mechanical or
storage rooms, utility and nonhabitable rooms in any residential structure and laundry
rooms in individual dwelling units, which have no minimum headroom height. Within
stairways obstructions shall be allowed to 5 feet 10 inches when the obstruction is not in
the pattern of circulation and obstructions are not greater than 20% of the floor area of the
stairway.
8. Stairs in the interior or exterior of an existing building where stair jacks
are replaced or more than 50% of the tread or risers are replaced shall meet the
requirements of the applicable adopted state construction code.
9. A stair tread, stair support, stair riser, landing or railing which is either
missing or so severely in disrepair or damaged that it cannot support its intended live and
dead loads shall be repaired.
10. Interior stair landings shall have a minimum width of 28 inches and a
minimum length in the direction of travel of 30 inches.
D. Guardrails:
1. Guardrails shall be required for all balconies, porches, patios and open
stairs more than 30 inches above or below grade. Guardrails shall also be required for any
grade change more than 30 inches next to a walking surface. Guardrails shall not be less
than 42 inches in height, except for guardrails serving private dwelling units, which shall
have a minimum height of 36 inches. Guardrails may have a minimum height of 36
inches if the building was built before 1970. Guardrails having a height less than 36
inches shall be allowed if they were installed as part of the building's original
construction and are not a replacement. For structures which are on the historic register or
are contributory structures located within one of the city's historic districts, height of
existing and replacement guardrails may be determined based upon standards adopted by
the city's historic landmark committee.
2. Guardrails shall have intermediate rails or an ornamental pattern such that
there is no open area in excess of 4 inches in diameter. The diameter of such open space
may be 9 inches for buildings built before 1985, and 6 inches for those built between
1985 and 1991.
E. Smoke Detector Requirements:
1. When smoke detectors are required in dwelling units by the applicable
adopted state construction code, the detectors shall be mounted on the ceiling or wall at a
point centrally located in the hallway or area giving access to rooms used for sleeping. In
efficiency dwelling units, the detector shall be centrally located on the ceiling or wall of
the main room or sleeping room.
2. Where sleeping rooms are on an upper level, the detector shall be placed at
the ceiling or wall directly above the stairway immediately outside the bedrooms. Wall
mounted detectors shall be a minimum of 4 inches and maximum of 12 inches from the
ceiling, but no detector shall be mounted within 12 inches of any corner formed by the
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meeting of walls, ceilings or beams unless manufacturer's listing specifies otherwise.
When activated, the detector shall provide an alarm in the dwelling unit.
3. When one or more sleeping rooms are added to or created within a
structure, smoke detectors shall be installed in compliance with the manufacturer's listing
and shall receive their primary power from the building wiring in compliance with the
applicable adopted state construction code.
4. All habitable rooms having a ceiling height of less than 7 feet 6 inches
shall have installed a 120 volt electrical powered smoke detector.
F. Fire Resistive Separations: Walls or ceilings separating dwelling units from each
other and from hazardous uses shall be maintained in their original condition with all
penetrations sealed or covered with an approved material. These separations include walls and
ceilings separating a garage from a dwelling unit or common area and walls and ceilings
separating furnace rooms in structures containing 3 or more dwelling units. When 50% or more
of a wall or ceiling is removed for any reason, the entire wall or ceiling shall be reconstructed to
meet the requirements of the applicable adopted state construction code for one hour occupancy
separation.
18.50.210: PLUMBING:
A. Minimum Requirements:
1. Unless provided otherwise in this chapter, plumbing, piping and fixtures
shall be in accordance with the code in effect at the time of installation.
2. Plumbing, piping and fixtures shall have no leaks and shall be maintained
in good condition. All waste lines shall be connected to an approved sewer system.
3. The minimum plumbing fixtures required for dwelling units are a
bathroom sink, toilet, tub or shower, and kitchen sink.
4. Cold running water shall be plumbed to each toilet. Hot water shall be
supplied to plumbing fixtures and plumbing appliances intended for bathing, washing or
culinary purposes.
5. A space without obstruction from floor to ceiling of not less than 12
inches shall be in front of all toilets. Toilets shall be located in a space without
obstruction from floor to ceiling of not less than 22 inches in width. No encroachments of
these dimensions are permitted.
6. Where vents do not exist for plumbing fixtures meeting the applicable
codes in effect at the time of their installation, vents need not be installed when the
plumbing fixture or trap and trap arm is replaced providing the sewer line is not altered.
B. Water Heaters: Water heaters shall comply with the construction codes adopted in
Section 18.04.040 or the construction code in effect at the time of installation.
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C. Cross Connections: In order to protect against contamination of the water supply
through cross connections, all water inlets for plumbing fixtures shall be located above the flood
level rim of the fixture. Hoses or handheld shower heads shall not be attached in any manner that
would permit water contamination during reverse pressure. Water supply pipes provided with an
approved backflow preventer or antisiphon device shall be permitted. Handheld shower heads
shall be permitted when provided with a permanently mounted holder attached to the wall or
shower pipe, or when an antisiphon device is installed. Water faucet outlets below the overflow
rim of the fixture shall be permitted until the faucet is replaced. A new fixture shall not be
installed where it would create a cross connection.
D. Drains:
1. Drain traps shall meet standards of the applicable adopted state
construction code. Existing traps shall be allowed as originally designed. If the trap has
been modified it shall be replaced with an approved trap, and a vent shall be added as
required by the applicable adopted state construction code.
2. All open entrapped sewer lines and outlets shall be capped with an
approved cap.
E. Fixture Requirements: Every kitchen sink, tub, shower and toilet shall be
provided with the minimum water pressure and quantities required by the codes adopted
pursuant to Section 18.04.040.
F. Bathrooms in Rental Dwelling Units: Each rental dwelling unit shall have a
bathroom within the dwelling unit. Every toilet and bathtub or shower required by this code shall
be in a room which will afford privacy to the occupant.
G. Congregate Housing:
1. The minimum plumbing fixtures required for congregate housing are a
sink, toilet, and tub or shower for each 10 occupants or portion thereof and a kitchen sink.
Bathrooms shall have installed a door with privacy lock.
2. Congregate housing that does not provide private toilets, sinks, bathtubs or
showers shall have on each floor, accessible from a public corridor, at least one toilet, one
sink, and one bathtub with shower or one separate shower for each 10 occupants or
portion thereof. For each additional 10 occupants, or portion thereof, an additional one
toilet, one sink and one bathtub or shower accessible from a public corridor shall be
provided.
18.50.220: MECHANICAL:
A. Mechanical Equipment:
1. Existing Installations: Mechanical systems lawfully in existence at the
time of the adoption of this code may have their use, maintenance or repair continued if
the use, maintenance or repair is in accordance with the original design and location and
no hazard to life, health or property has been created by such mechanical system.
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25.Compliance: All mechanical equipment shall be in accordance with the
code in effect at the time of installation.
26.Maintenance: All mechanical equipment shall be properly maintained and
shall be operated in a safe manner.
B. Heating:
1. Temperature: Heating shall be provided by a permanently installed heating
system capable of heating all habitable rooms and bathrooms to a minimum of 68°, which
shall be measured in the center of the room at a height of 3 feet from the floor.
2. Air Return: A return air duct which serves more than one dwelling unit
shall not be permitted. A duplex or multiple dwelling unit legally constructed before 1970
may have an existing common air return continued if a listed smoke detector fan shutoff
is installed in the return air duct.
3. Fuel Burning Appliances:
a. Except for direct vented appliances, gas furnaces and gas water
heaters shall not be permitted in bedrooms, in bathrooms or in closets accessed
only from a bedroom or a bathroom. Existing furnace rooms with access only
through an existing bedroom may continue to exist when a 120 volt smoke
detector is installed in the bedroom and relayed to a smoke detector installed in
the furnace room. All combustion air is to be supplied from outside air.
b. Gas shutoff valves are required on all gas appliances. Shutoff
valves shall be installed in accordance with the applicable adopted state
construction code.
c. All fireplaces, wood burning stoves, and all other appliances
producing combustible gas byproducts shall be connected to an operating
chimney or approved flue. All flues and vents shall be installed in compliance
with EPA requirements and the requirements of the applicable adopted state
construction code in effect at the time of installation.
d. All fuel burning appliances shall be provided with combustion air
per the requirements of their listing and with the applicable adopted state
construction code in effect at the time of their installation.
e. All fuel burning appliances shall be provided with listed clearances
and maintained in good working condition and in accordance with their listing.
f. All ventilation fans shall be installed according to their listing and
maintained in good working condition.
g. All ducts and vents shall be maintained according to original
installation requirements.
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18.50.230: ELECTRICAL:
A. Safety: All electrical equipment, wiring and appliances shall be properly installed,
maintained and used in a safe manner. Unless provided otherwise in this chapter, all electrical
wiring and equipment shall be in accordance with the electrical code in effect at the time of
installation. All conductors shall be protected by fuses or circuit breakers that are adequately
sized.
B. Electrical Equipment: Electrical equipment shall not exceed the load capacity of
the service and branch circuits shall have adequately sized circuit breakers or fuses.
C. Facilities Required: The following electric facilities must be furnished at a
minimum and must be operable:
1. Service: The minimum main service to any dwelling unit shall be 60
amperes. Existing dwelling units with electrical services less than 60 amps per dwelling
unit which have no special electrical service loads, such as air conditioners, ranges,
heating units and clothes dryers may continue to be operated without upgrading the
service.
2. Branch Circuits: Circuits supplying air conditioners, ranges, cooktops,
stoves and heating appliances shall meet the requirements of the NEC. Branch circuits
shall not be overfused.
3. Receptacles: Every habitable room shall contain at least two electrical
receptacles or one electrical light fixture and one electrical receptacle. Grounding type
receptacles shall only be used when connected to a grounding system. Existing
nongrounding type receptacles may be replaced with grounding type receptacles where
protected by a ground fault circuit interrupter.
D. Upgrading Facilities:
1. Service: When remodeling work is done, the service must be upgraded if
required by the NEC.
2. Circuits: When new circuits, outlets, switches, wiring and service panels
are being installed, the installation shall meet the requirements of the NEC.
3. Receptacles: Wiring, receptacles and switches may be replaced without
upgrading so long as circuits are not overloaded.
E. Lighting:
1. Dwelling Units: Every toilet room, bathroom, laundry room, furnace
room, interior stairway and hall shall contain at least one permanently mounted electric
light fixture.
2. Apartments, SROs and Congregate Housing:
a. Lighting in the common areas shall be as follows: Aisles,
passageways, stairwells, corridors, exitways and recesses related to and within the
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building complex shall be illuminated with a minimum of a 40 watt light bulb or
equivalent for each 200 square feet of floor area; provided, that the spacing
between lights shall not be greater than 30 feet. Structures containing three
dwelling units or less shall not be required to provide exit lighting when no
lighting outlet has been previously provided.
b. Every furnace room shall contain at least one electric lighting
fixture.
c. Open parking lots and carports shall be provided with a minimum
of one foot-candle of light on the parking surface during the hours of darkness.
Lighting devices shall be protected by weather resistant covers and shall not cast
glare on neighboring properties.
A. General:
1. All electrical panels, boxes, outlets and lighting fixtures shall have proper
covers.
2. Flexible cords, as defined in the NEC, shall be used only according to
their listing and shall not be installed as permanent wiring or strung across exitways.
18.50.240: ENERGY CONSERVATION REQUIREMENTS:
A. Upgrading: Existing residential units shall be upgraded whenever any of the
following events occur:
1. Whenever wallboard, plaster or other finish material is removed which
exposes wall cavities of foundations, exterior walls, floors or ceilings, these spaces shall
be insulated to the degree it is practical. Where attic and crawl space areas are insulated,
the space shall be ventilated as per the currently adopted applicable state construction
code.
2. Where insulation increases the accumulation of snow, and the snow load
capacity of the roof structure is exceeded, the roof members shall be upgraded to
withstand the additional loads.
3. When access is available to foundations of existing structures, foundations
shall be insulated to the standard required by the applicable Utah energy code when
remodeling of the structure is initiated.
4. When boarded structures are renovated for reoccupancy, the structure shall
be insulated to the following standards when wall, ceiling, roof or floor cavities are open
or accessible: wall, R-11; ceilings and roofs, R-32; floors, R-7. Thermal resistance "R"
shall have the meaning as defined in the Utah energy code.
5. When new habitable space is created within an existing building envelope,
all such spaces shall be insulated to the current Utah energy code standards.
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27.All replacement windows shall be double pane. Replacement glass for
structures which are on the historic register or are contributory structures located within
one of the city's historic districts may be determined based upon standards adopted by the
city's historic landmark committee. Replacement metal windows shall have a thermal
break. Single pane replacement glass may be installed on windows not designed to accept
double pane glass.
28.All exterior door replacements shall be weather stripped.
29.New mechanical equipment installed shall meet a minimum of 80%
efficiency.
30.Except for the other applicable requirements of this chapter, when a new
addition is made to an existing residential structure, only the addition shall be made to
comply with current Utah energy code standards.
B. Exterior Door and Window Seals:
1. Exterior doors and windows shall be weathertight. If broken, all panes
shall be replaced with glazing in compliance with the applicable adopted state
construction codes.
2. All doors and windows shall be properly caulked and weatherproofed.
SECTION 12. Repealing the text of Salt Lake City Code Chapter 18.52. That Chapter
18.52 of the Salt Lake City Code (Technical Building Specifications: Mechanical Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.52
MECHANICAL REGULATIONS
18.52.010: DEFINITIONS:
For the purpose of this title:
ENERGY USING EQUIPMENT: That which is designed, constructed, erected or altered to
operate by the use of fuel and/or power and shall include any devices and appurtenances or
appliances, materials, ducts, pipes, piping, venting, gas piping, valves, fittings, fans, blowers and
burners necessary to the performance of such functions that shall create comfort heating and/or
cooling or power for work services.
MECHANICAL SYSTEM: Means and shall include, but not be limited to, any heating, comfort
cooling, ventilation and refrigeration systems, or energy using equipment.
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18.52.020: UNIFORM MECHANICAL CODE ADOPTED:
The edition of the uniform mechanical code, as adopted by the Utah uniform building code
commission, is adopted by Salt Lake City as an ordinance, rules and regulations of Salt Lake
City subject to the amendments and exceptions thereto as hereinafter set out, one copy of which
code shall be filed for use and examination by the public in the office of the city recorder.
Hereafter all references in this code to the uniform mechanical code shall mean the said edition
adopted by the Utah uniform building code commission.
18.52.040: MANUAL ON RECOMMENDED GOOD PRACTICES ADOPTED:
"Recommended Good Practices For Gas Piping Appliance Installation, And Venting", Mountain
Fuel Supply Company, revision of June 1980, is adopted by Salt Lake City as an ordinance, rules
and regulations of the city, subject to the amendments and exceptions thereto as hereinafter set
out, three (3) copies of which code have been filed for use and examination by the public in the
office of the city recorder.
18.52.050: MECHANICAL PERMIT FEES:
A. Any person desiring a permit required by this code shall, at the time of filing an
application therefor, pay the fee shown on the Salt Lake City consolidated fee schedule to the
city treasurer before the permit is valid. The basic fee for each permit requiring inspection is
shown on the Salt Lake City consolidated fee schedule. In addition, the fee for each individual
specialty item is shown on the Salt Lake City consolidated fee schedule.
SECTION 13. Repealing the text of Salt Lake City Code Chapter 18.56. That Chapter
18.56 of the Salt Lake City Code (Technical Building Specifications: Plumbing Regulations) is
hereby repealed in its entirety as follows:
CHAPTER 18.56
PLUMBING REGULATIONS
18.56.010: UNIFORM PLUMBING CODE ADOPTED:
The uniform plumbing code, 1988 edition, published by the International Association Of
Plumbing And Mechanical Officials as a code in book form, three (3) copies of which have been
filed for use and examination by the public in the office of the city recorder, is hereby adopted,
except as such code may be altered or modified by the provisions of the ordinances of Salt Lake
City.
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18.56.020: PLUMBING SYSTEM DEFINED:
"Plumbing system" means all potable water supply and distribution pipes, all plumbing fixtures
and traps, all drainage and vent pipes, and all building drains and appurtenances within the
property lines of the premises except: a) fixed lawn sprinkler systems beyond backflow
prevention devices, and b) building sewers and private wastewater disposal systems three feet
(3') or more beyond the outside walls of buildings. Included also are potable water treating or
using equipment and water heaters.
18.56.030: WATER SUPPLY PORTION OF PLUMBING SYSTEM:
The water supply portion of the plumbing system shall be considered to extend from the meter
box (or the property line in the absence of a meter) to and throughout the building, terminating at
an approved backflow prevention device or devices serving fixed lawn sprinklers. Included also
are fire prevention and firefighting piping and equipment.
18.56.040: PLUMBING PERMIT FEES:
A.Before a permit shall be valid, permit fees shall be paid to the city treasurer. The
basic fee for each permit requiring inspection is shown on the Salt Lake City consolidated fee
schedule. In addition, the fee for each individual specialty item is shown on the Salt Lake City
consolidated fee schedule.
B. Fees for fire extinguishing systems shall be paid to the city treasurer as shown on
the Salt Lake City consolidated fee schedule.
18.56.050: HOT WATER CAPACITY FOR RESIDENTIAL UNITS:
All single-family residences which have central water heating units shall deliver a minimum
capacity of thirty (30) gallons of one hundred forty degree Fahrenheit (140°F) water. Multiple
units shall have a central water heating unit which shall deliver a minimum capacity of thirty
(30) gallons of one hundred forty degree Fahrenheit (140°F) water per residential unit, when a
central water heating unit is installed.
18.56.060: LOW FLUSH TOILETS; REQUIRED FOR BUILDING PERMIT:
After the effective date hereof, no building permits shall be issued for new construction or
remodeling of hotels, motels, apartment houses, dwellings or other structures which have toilets
or water closets which use more than four (4) gallons of water per flush. Any toilets or water
closets installed prior to said effective date shall meet the standards of this section when
replaced. All fixtures installed pursuant to the provisions of this chapter shall be of a design such
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that the walls of the toilet or water closet bowl are thoroughly washed and contents discharged
with each flush.
18.56.070: LOW FLUSH TOILETS; ON WATERSHED PROPERTY:
After January 1, 1982, any toilets installed prior to the effective date hereof which are located on
watersheds in Salt Lake County, or canyons contiguous to these watersheds, shall be replaced
with toilets or water closets which meet the standards for new construction or remodeling
specified in section 2-5-29 of the revised ordinances of Salt Lake County, 1965, or its successor,
as amended.
18.56.080: FLOOR DRAINS; DUAL FLANGE AND SAFE PANS REQUIRED:
All floor drains, area drains and indirect waste receptors installed on any floor level other than
slab on grade shall have a dual flange and safe pans installed, with a minimum of thirty six
inches (36") square of approved material, unless they are part of an original pour of concrete.
18.56.100: SOVENT PLUMBING SYSTEMS:
"Sovent" is an engineered drainage plumbing system that does not meet conventional code
requirements as found in the uniform plumbing code, 1988 edition, as adopted by section
18.56.010 of this chapter, or its successor section. The system is based on the combined
hydraulic/pneumatic flow and performance characteristics of drainage plumbing products, and
will be allowed for use in the city under the following provisions:
A. Certification: The proprietor(s) of the engineered system shall certify that the
plans meet the design requirements and shall also certify at the completion of the installation that
they have inspected the system and that the system complies with the approved plans;
B. Submittal Of Calculations: Submit hydraulic and pneumatic calculations for the
proposed system before a permit is obtained;
C. Offsets: A double offset shall be installed in the stack on floor levels where no
fixture or branch connections are made;
D. Deaerator Fitting: A deaerator fitting shall be located as close as possible to the
base of the stack. No branch or fixture connections are permitted on this system downstream
from the deaerator fitting. A full size bottom pressure relief line shall connect the deaerator
fitting to the building drain at least ten (10) pipe diameters downstream from the base of the
stack through a wye fitting rolled above the centerline. The full size bottom pressure relief line
shall be provided with an accessible upper terminal cleanout;
E. Prohibited Attachments: Pumpout, blowout, garbage disposal, clothes washing
machine, or outlets from grease traps are prohibited in this system;
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A. Cleanouts: Accessible cleanouts shall be provided in all horizontal drains.
Cleanouts shall be provided for each aggregate change of direction exceeding one hundred thirty
five degrees (135°);
B. Conventional Plumbing: Vents from conventional plumbing and pressure
equalizing line vents from a sovent system shall not connect to the sovent stack below other
drainage fittings;
C. Future Alterations: No alteration may be made without prior written permission
from the division of building and housing services, and no provisions for future openings will be
permitted on this system. This system shall be properly identified on each installation site. All
buildings of B-2 occupancies with more than eight thousand (8,000) square feet per floor shall
provide at least one 4-inch waste stack and one 4-inch vent stack for any alteration or additions.
18.56.105: MISCELLANEOUS PLUMBING REQUIREMENTS:
A. Overflow roof drains shall not be connected to the primary roof drain lines.
B. Overflow roof drains shall drain to a point where they can be easily seen for early
problem detection.
C. Fill valves for fire sprinkler storage tanks shall be equipped with an approved air
gap on reduced pressure backflow preventer.
D. Safe pan drains shall be no smaller than one and one-half inches (11/2") unless
first approved by the administrative authority.
E. Trough drains are prohibited unless first approved by the administrative authority.
F. Drainage for gravity dump washers shall be by direct hookup to the building drain
or to a sealed sump connected to the building drain. There shall be a floor drain immediately
downstream of each gravity dump washer hookup.
18.56.110: UNSANITARY CONSTRUCTION AND CONDITIONS:
Any portion of a plumbing system or any construction or work regulated by this title found or
determined to be unsanitary, as defined in this title, or otherwise a menace to life, health or
property, is hereby declared to be a public nuisance.
SECTION 14. Amending the text of Salt Lake City Code Chapter 18.64. That Chapter
18.64 of the Salt Lake City Code (Additional Regulations: Demolition) shall be, and hereby is
amended as follows:
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CHAPTER 18.64
DEMOLITION
18.64.005: PURPOSE AND INTENT:
A. The purpose of the provisions in this chapter is to:
1. Promote the public welfare by maintaining the integrity and continuity of
the urban fabric and economic vitality;
2. Provide an orderly and predictable process for demolition of buildings and
structures when appropriate;
3. Ensure demolition occurs safely;
4. Protect utilities and other infrastructure from damage during demolition;
5. Provide for enforcement of timely completion of demolition and for
improvement of property following demolition to ensure the site is not detrimental to the
use and enjoyment of surrounding property;
6. Provide for enforcement and maintenance of property to avoid purposeful
demolition by neglect; and
7. Encourage preservation of the city's housing stock where appropriate.
B. A primary intent of the city council with respect to this chapter is to promote
responsible re-use of existing housing stock where practical and provide an orderly process for
demolition where it is not practical or cost efficient to rebuild/reuse. Accordingly, the council
finds that it is in the public interest to require existing buildings to be maintained in a manner
that does not constitute a public nuisance until replaced by new construction, except as otherwise
permitted by this code.
18.64.010: PERMIT REQUIRED:
It is unlawful to demolish any building or structure in the city, or cause the same to be
demolished, without first obtaining a permit for demolition of each such building or structure
from the city building official as provided in this chapter.
18.64.020: APPLICATION FOR PERMIT:
To obtain a permit for demolition, an applicant shall submit an application in writing on a form
furnished by the building official for that purpose. Each application shall:
A. Identify and describe the type of work to be performed under the permit;
B. State the address of the structure or building to be demolished;
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C. Describe the building or structure to be demolished including the type of use, type
of building construction, size and square footage, number of stories, and number of residential
dwelling units (if any);
D. Indicate the method and location of demolished material disposal;
E. Identify the approximate date of commencement and completion of demolition;
F. Indicate if fences, barricades, scaffolds or other protections are required by any
city code for the demolition and, if so, their proposed location and compliance;
G. State whether fill material will be required to restore the site to level grade after
demolition and, if required, the approximate amount of fill material;
H. If the building or structure to be demolished contains any dwelling units, state
whether any of the dwelling units are presently occupied; and
I. State the proposed use of the premises following demolition. If new construction
is proposed following demolition, state the anticipated start date and whether any development
applications have been submitted to and/or approved by the city.
J. Affirm that the property will comply with the landscaping requirements for the
zoning district that the property is located in as required under the provisions of Chapter 21A.48.
18.64.030: FEES AND SIGNATURE:
A. The permit application shall be signed by the party or the party's authorized agent
requesting the permit. A signature on the permit application constitutes a certification by the
signee that the information contained in the application is true and correct.
B. The fee for a demolition permit application shall be as shown on the Salt Lake
City consolidated fee schedule.
C. An additional fee for the cost of inspecting the property to determine compliance
with the requirements of this chapter and to assure the property is kept free of weeds and junk
materials shall be collected in the amount shown on the Salt Lake City consolidated fee schedule.
18.64.040: ISSUANCE OF DEMOLITION PERMIT:
A. A demolition permit may be issued only upon completion of an application in
accordance with Section 18.64.020 herein; or the building official or fire marshal orders
immediate demolition:
1. Due to an emergency as provided in Chapter 18.64; or
2. Because the premises have been damaged beyond repair because of a
natural disaster, fire, or other similar event; or
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31.The building official or fire marshal authorizes immediate demolition
because clearing of land is necessary to remove a nuisance as defined in this code or
Section 76-10-801 et seq., Utah Code or its successor.
B. If proposed demolition involves a landmark site, a contributing structure, or a
structure located in the H Historic Preservation Overlay District, as provided in Section
21A.34.020 of this code, or its successor, a demolition permit shall be issued only upon
compliance with applicable provisions of that section or its successor.
18.64.045: DEMOLITION BY NEGLECT:
The owner of a boarded building shall maintain the exterior of the building as provided in
Sections 18.48.235 and 18.50.140.
18.64.050: RESIDENTIAL DEMOLITION NOTICE
A. If the structure for which a demolition permit is sought contains one or more
dwelling units, whether or not occupied, upon issuance of a demolition permit, the building
official shall cause to be recorded against title to such real property in the official records of Salt
Lake County a notice that contains the following information:
1. Information about the demolished property as required by the city,
including the number of dwelling units and respective number of bedrooms, and the amount of
rent charged in the year prior to the demolition, and the level of affordability if the rent is a
below market rate.
2. Notice that the future development of the property may have specific
development requirements under the City code, including without limitation the city’s
community benefit policies in chapters 19 and 21A.50.050.
18.64.070: PREDEMOLITION SALVAGE PERMITS:
A. A predemolition salvage permit shall be required for removal of doors, windows,
special glass, fixtures, fittings, pipes, railings, posts, panels, boards, lumber, stones, bricks,
marble, or similar materials on the exterior or interior of any building prior to demolition of the
structure. A predemolition salvage permit may be issued only contemporaneously with, or after,
city approval of:
1. A building permit for new construction on the premises following
demolition, or
2. A demolition permit.
B. A predemolition salvage permit fee shall be as shown on the Salt Lake City
consolidated fee schedule.
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18.64.080: EXPIRATION; DILIGENCE:
A demolition permit shall expire 45 calendar days from the date of issuance, unless a completion
date allowing more time is requested and approved by the building official at the time of
application. A demolition permit may be renewed upon request prior to expiration with approval
of the building official for 1/2 of the original permit fee, provided continuous progress is being
made. If a permit is allowed to expire without prior renewal, any subsequent request for
reinstatement shall be accompanied by a reinstatement fee equal to the original demolition
permit fee.
18.64.090: QUALIFICATIONS TO DO WORK:
A. It shall be unlawful for demolition work permitted under this chapter to be
performed except by a contractor having a general contractor or demolition license in good
standing issued by the Division of Occupational and Professional Licensing in the Utah
Department of Commerce.
B. Salvage work under a predemolition salvage permit may be done without a
contractor's license provided all other applicable conditions of this chapter are met.
18.64.100: DEMOLITION REQUIREMENTS:
A. Prior to the commencement of any demolition or moving, the permittee shall plug
all sewer laterals at or near sidewalk lines as staked out by the department of public utilities. No
excavation shall be covered until such plugging is approved by the department or by the building
official. The permittee shall further ensure all utility services to the structure and/or premises
have been shut off and meters removed prior to commencement of demolition work.
B. When the applicant indicates the demolition will require more than 30 days to
complete, and where required by the building official for the safety of the public, the applicant
shall also provide plans to fence the demolition site so that it is inaccessible to unauthorized
persons in a manner acceptable to the building official. The building official may waive the
fencing requirement if it is determined that fencing would be inappropriate or unnecessary to
protect safety or health.
C. A permit for demolition shall require that all materials comprising part of the
existing structure(s), including the foundation and footings, be removed from the site. Unless
otherwise approved under a building permit for redevelopment of the site, the depression caused
by the removal of such debris shall be filled back and compacted to the original grade, as
approved by the building official, with fill material excluding detrimental amounts of organic
material or large dimension nonorganic material.
D. Permitted demolition work, including filling and leveling back to grade and
removal of required pedestrian walkways and fences, shall be completed within the permit period
unless the building official finds that any part of the foundation of building or site will form an
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integral part of a new structure to be erected on the same site for which plans have already been
approved by the division. In such event, the building official may approve plans for appropriate
adjustments to the completion time and may impose reasonable conditions including the posting
of a bond, erection of fences, securing, or similar preventions to ensure the site does not create a
hazard after the demolition is completed.
18.64.110: RELATIONSHIP TO OTHER ORDINANCE:
Provisions of this chapter shall be subordinate to any contrary specific provisions of Title 21A,
Chapter 21A.34 of this code, dealing with demolition in historic districts, or its successor.
18.64.120: VIOLATIONS:
A. It is unlawful for the owner of a building or structure to violate the provisions of
this chapter. Each day a violation occurs shall be a separate offense.
B. Violation of the provisions of this chapter shall be punishable in accordance with
Chapter 18.24.
ARTICLE II. EMERGENCY DEMOLITION
18.64.130: PURPOSE:
Notwithstanding the other provisions of this chapter, the process for demolishing buildings in an
emergency situation shall be as provided by this article.
18.64.140: EMERGENCY DEMOLITIONS APPLICABILITY:
A. If the building official determines that the walls or roof of a building or structure
are collapsing, either in whole or in part, or in imminent danger of collapsing in such a way as to
fall on other structures, property, or public rights of way, are a public nuisance, create a danger
to persons who may enter the property, or create a danger of fire, the building official may issue
an order that the building should be demolished pursuant to this article. A notice and order
reflecting this determination shall be issued and delivered in accordance with Section 18.24.040.
B. If the city’s fire marshal determines that a building or structure that has been
affected by fire presents an impermissible danger to persons who may enter the property, then
the fire marshal may issue an order that the building should be demolished pursuant to this
article. A notice and order reflecting this determination shall be issued and delivered in
accordance with Section 18.24.040.
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C. If the building official or fire marshal declares an emergency demolition the
requirements of Section 21A.34.020.F, or its successor, shall not apply.
18.64.150: RESERVED
18.64.160: BILL FOR COSTS; COLLECTION:
A. Permitted Recovery of Costs: If the building official or designee causes the
emergency demolition of a building pursuant to a notice issued under Section 18.64.140, after
the property owner received at least 10 days’ notice in which to complete demolition and failed
to do so, the division may collect the city’s abatement costs which shall include the cost of the
demolition contractor, costs of any environmental testing or environmental controls over
demolition materials, and a reasonable amount to pay the costs of city personnel involved in the
demolition, by filing a property tax lien, as set forth in this section.
B. Itemized Statement of Costs: Upon completion of the demolition work, the
building official or designee shall prepare an itemized statement of costs and mail it to the
property owner by certified mail or using any reputable mail tracking service that is capable of
confirming delivery, demanding payment within 30 days of the date the statement is post
marked.
C. Form of Itemized Statement of Costs: The itemized statement of costs shall
include:
1. The address of the property at issue;
2. An itemized list of all expenses incurred by the division, including
administrative costs;
3. A demand for payment;
4. The address where payment is to be made;
5. Notification that failure to timely pay the expenses described in the
itemized statement may result in a lien on the property in accordance with this chapter
and Utah Code Section 10-11-4 or its successor;
6. Notification that the property owner may file a written objection to all or
part of the statement within 20 days of the date the statement is postmarked; and
7. Where the property owner may file the objection, including the name of
the office and the mailing address.
D. Delivery of Statement of Costs: The itemized statement of costs described in
Subsection C shall be deemed delivered when mailed by certified mail or by any reputable mail
tracking service that is capable of confirming delivery addressed to the last known address of the
property owner, according to the records of the county recorder.
E. Objection to Statement of Costs: A property owner may appeal the statement of
costs to the fines hearing officer pursuant to Section 18.12.050.
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F. Failure to Object or Pay: If the property owner fails to make payment of the
amount set forth in the itemized statement within 30 days of the date of the mailing of that
statement, or to file a timely objection, then the division may certify the past due costs and
expenses to the Salt Lake County Treasurer.
G. Failure to Pay After Objection Hearing: If the property owner files a timely
objection but fails to make payment of any amount ordered by the fines hearing officer, the
inspector may certify the past due costs and expense to the Salt Lake County Treasurer.
H. Lien on Property: After entry by the Salt Lake County Treasurer, as set forth in
Subsections F and G, the amount entered shall have the force and effect of a valid judgment of
the district court, is a lien on the property, and shall be collected by the Salt Lake County
Treasurer at the time of the payment of general taxes.
I. Release of Lien: Upon payment of the amount set forth in the itemized statement
of costs or otherwise determined due and owing by the fines hearing officer, the judgment is
satisfied, the lien is released from the property, and receipt shall be acknowledged upon the
general tax receipt issued by the county.
SECTION 15. Amending the text of Salt Lake City Code Section 18.68.160. That Section
18.68.160 of the Salt Lake City Code (Additional Regulations: Floodplain Hazard Protection:
Mandatory and Prohibitionary Nature of Chapter) shall be, and hereby is amended as follows:
18.68.160: MANDATORY AND PROHIBITIONARY NATURE OF CHAPTER:
It is unlawful for any person, firm or corporation to perform any act prohibited by this chapter or
to fail to perform any act or comply with any requirement of this chapter or to aid or abet therein,
or to fail or refuse to comply with any valid order called by the specified officials responsible to
administer the provisions of this chapter. No permits shall be issued to any applicant during the
time he/she shall fail to correct defective work or noncomplying work or violation exists after
written notice by the official responsible for the permit or their designee.
SECTION 15. Amending the text of Salt Lake City Code Chapter 18.76. That Chapter
18.76 of the Salt Lake City Code (Additional Regulations: Mobile Home Parks) shall be, and
hereby is amended as follows:
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CHAPTER 18.76
MOBILE HOME PARKS
18.76.010: DEFINITIONS:
For the purposes of this chapter, the following definitions shall apply:
CABANA: A room enclosure erected or constructed adjacent to a mobile home for residential
use by the occupant of the mobile home.
DEPENDENT RECREATIONAL VEHICLE: A unit other than a self- contained unit.
HOOKUP: The arrangement and connection of parts, circuits and materials employed in the
connections required between the mobile home or recreational vehicle utility outlets and inlets
and the park service connections that make the mobile home or recreational vehicle operational.
MOBILE HOME: A factory assembled structure or structures equipped with the necessary
service connections and constructed to be readily mobile as a unit or units on its own running
gear, and designed to be used as a dwelling unit without a permanent foundation.
MOBILE HOME PARK: A contiguous parcel of land which, after having the approval of the
city planning commission, is used for the accommodation of occupied mobile homes.
MOBILE HOME SPACE OR LOT: A designated portion of a mobile home park designed for
the accommodation of one mobile home and its accessory buildings or structures for the
exclusive use of the occupants.
MOBILE HOME STAND OR PAD: That part of the mobile home space which has been
prepared and reserved for the placement of one mobile home.
MOTOR HOME: A self-propelled vehicular unit primarily designed as a temporary dwelling for
travel, recreational and vacation use.
PARK DRAINAGE SYSTEM: The entire system of drainage piping used to convey sewage and
other wastes from the mobile home or recreational vehicle drainage outlet connection, at the
mobile home or recreational vehicle site, to the property line connection with the sewer lateral
from the main line sewer.
PARK PLUMBING SYSTEM: Means and includes, but is not limited to, the park drainage and
water supply systems within the park property lines.
PARK WATER SUPPLY SYSTEM: All of the water supply piping within the park, and shall
extend from the water meter to the mobile home or recreational vehicle water supply system, and
shall include main and branch service lines, fixtures, devices, piping in service buildings, and
appurtenances thereto.
RAMADA: Any freestanding roof or shade structure installed or erected above an occupied
mobile home or any portion thereof.
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RECREATIONAL VEHICLE: A vehicular unit, other than a mobile home, primarily designed
as a temporary dwelling for travel, recreational and vacational use, which is either self-propelled
or is mounted on or pulled by another vehicle, including, but not limited to, a travel trailer, a
camp trailer, a truck camper, or a motor home.
RECREATIONAL VEHICLE PARK: A site, lot, tract or parcel of land upon which one or more
recreational vehicles are parked for temporary use as living quarters.
RECREATIONAL VEHICLE SPACE: A plot of ground within a recreational vehicle park to
accommodate one recreational vehicle.
RECREATIONAL VEHICLE STAND OR PAD: That part of the recreational vehicle space
which has been prepared and reserved for the placement of one recreational vehicle.
SELF-CONTAINED RECREATIONAL VEHICLE: A unit which:
A. Can operate independent of connections to external sewer, water and electrical
systems; and
B. Has a toilet and holding tank for liquid waste; and
C. Contains water storage facilities and may contain a lavatory, kitchen sink and/or
bath facilities connected to the holding tank; provided, however, that all facilities shall be in
sound operating condition, and further provided that it may be connected to external electric,
water and sewer systems.
SERVICE BUILDING: A building housing separate toilet and bathing facilities for men and
women and which may also have laundry facilities, flushing rim sink, and other facilities as may
be required by this title, and which shall be apart from the facilities within the mobile home or
recreational vehicle.
SEWER CONNECTION: All pipes, fittings and appurtenances installed to carry sewage from
the mobile home or recreational vehicle drain outlet to the inlet provided in the park drainage
system.
SEWER RISER PIPE: That portion of the park sewer lateral which extends vertically to the
ground elevation and terminates at each mobile or recreational vehicle space.
TRAVEL TRAILER: A vehicular, portable unit, mounted on wheels, not requiring a special
highway movement permit when drawn by a motorized vehicle, and:
A. Designed as a temporary dwelling for travel, recreational and vacation use; and
B. When factory equipped for the road, having a body width of not more than 8 feet
and a body length of not more than 32 feet.
WATER CONNECTION: All pipes, fittings and appurtenances from the water riser pipe
connection to the water inlet connection of the mobile home or recreational vehicle.
WATER RISER PIPE: That portion of the park water supply system which extends vertically to
the ground elevation and terminates at a designated point at each mobile home or recreational
vehicle space.
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18.76.020: RESERVED
18.76.030: PERMITS, LICENSE AND COMPLIANCE REQUIRED:
It is unlawful for any person to construct, maintain or operate a mobile home or recreational
vehicle park within the limits of the city unless such person complies with this title and all other
pertinent provisions of this code, and first obtains approval, permits and licenses as required.
18.76.040: RESERVED
18.76.050: CONSTRUCTION PERMITS REQUIRED; FEES:
Mobile home park construction permits required by the division shall be issued to properly
licensed contractors as follows:
A. A general building permit fee shown on the Salt Lake City consolidated fee
schedule, to be issued for pads, patio slabs, metal sheds (sheds to be installed by mobile home
occupant), curb, gutter, drives, piers, sidewalks, fence or wall, per mobile home space;
B. Electric meter stands or pedestals at the rate shown on the Salt Lake City
consolidated fee schedule;
C. The park plumbing system, including sewer and water risers, shall require the fee
shown on the Salt Lake City consolidated fee schedule, for each space;
D. All permanent buildings, swimming pools, etc., shall have permit fees assessed at
the regular and normal fee schedule;
E. Fire hydrants within the property lines shall require a permit fee shown on the Salt
Lake City consolidated fee schedule, for each hydrant.
18.76.060: RESERVED
18.76.070: RESERVED
18.76.080: LOT MARKERS:
The limits of each mobile home lot in a mobile home park shall be clearly marked on the ground
by permanent flush stakes, markers, or other suitable means.
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18.76.090: RESERVED
18.76.100: ADDITIONS AND REMODELING OF PARKS:
Existing mobile home and recreational vehicle parks may be enlarged or remodeled provided the
addition or remodel conforms to all the provisions of this title.
18.76.110: RESERVED
18.76.120: RESERVED
18.76.130: RESERVED
18.76.140: RESERVED
18.76.150: UNDERGROUNDING OF UTILITIES:
The complete distribution system or collection system of any utility shall be underground.
18.76.160: SEWER CONNECTIONS AND FEES:
All applicable fees set forth in the Salt Lake City consolidated fee schedule shall be paid prior to
occupancy of any mobile home, including those fees due to the engineering department for sewer
lateral connection from the property line to the sewer main line in the street.
18.76.170: STREET SURFACING REQUIREMENTS:
All streets shall be provided with a smooth, hard and dense surface which shall be durable and
well drained under normal use and weather conditions. The surface shall be maintained free of
cracks and holes, and its edges shall be protected by suitable means to prevent traveling and
shifting of the base.
18.76.180: STREETLIGHTS:
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Lighting shall be designed to produce a minimum of 0.1 foot- candle throughout the street
system. Potentially hazardous locations, such as major street intersections and steps or stepped
ramps, shall be individually illuminated with a minimum of 0.3 foot-candle.
18.76.190: LANDSCAPING:
Portions of a mobile home lot or recreational vehicle space not occupied by a mobile home or
recreational vehicle or accessory buildings or structures shall be landscaped or treated in such a
manner as to eliminate dust, weeds, debris and accumulation of rubbish.
18.76.200: UNLAWFUL AND HAZARDOUS USES:
No person shall use, permit, or cause to be used for occupancy or storage purposes in a mobile
home park a mobile home which is structurally unsound, which constitutes a hazard, or which
does not protect its occupants against the elements. All mobile homes are subject to Chapter
18.50.
18.76.210: VIOLATION; NOTICE TO DISCONTINUE:
Whenever any mobile home is being used contrary to the provisions of this chapter, the division
may pursue such enforcement methods as permitted by this title.
18.76.220: ENFORCEMENT OF PROVISIONS:
The division is hereby designated and authorized as the officers charged with the enforcement of
this chapter.
SECTION 16. Amending the text of Salt Lake City Code Chapter 18.80. That Chapter
18.80 of the Salt Lake City Code (Additional Regulations: Parking Lot Construction) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.80
PARKING LOT CONSTRUCTION
18.80.010: PARKING LOT DEFINED:
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"Parking lot" means an open area other than a street used for the parking of more than four (4)
automobiles, and available for public use, whether free, for compensation, or as an
accommodation for clients or customers.
18.80.020: PERMIT; REQUIRED FOR CONSTRUCTION; ISSUANCE CONDITIONS:
No parking lot or parking area shall be constructed without first obtaining a permit authorizing
such construction. No permit shall be issued without first securing the recommendations of the
city transportation engineer and no permit shall be issued until the applicant has complied with
the provisions of this chapter.
18.80.030: WALLS, SCREENING AND BUMPER CURB REQUIREMENTS:
The parking lot shall be provided with attractive walls, guardrails or screening shrubbery, at least
along the street side, to limit points of ingress and egress, to prevent encroachment of parked
vehicles on any sidewalk, and to improve the general appearance and, where necessary, with a
bumper curb parallel with the inside of the wall or guardrail at such distance that the wheels of
the motor vehicles in the parking lot are stopped prior to the motor vehicle's contact with the wall
or guardrail.
18.80.040: DRIVEWAY RESTRICTIONS:
Driveways must not exceed thirty feet (30') in width where they cross the sidewalk; adjacent
driveways must be separated by an island at least twelve feet (12') in width; and driveways must
be at least ten feet (10') from the property line of any intersecting street.
18.80.050: BUILDINGS FOR ATTENDANTS:
Attendant buildings must be located far enough from the entrance to prevent congestion at the
sidewalk, and must be constructed so as not to detract from the appearance of the surrounding
neighborhood. Every operator of a parking lot, before constructing or reconstructing, or locating
or relocating an attendant building, shall secure the approval of the city transportation engineer
and the city planning director.
18.80.060: SURFACING OF PARKING AREA:
Ground surfaces of the parking area shall be paved or hard surfaced.
18.80.070: LIGHTING FACILITIES; REQUIRED WHEN:
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Parking lots which are operated and open to use during the hours of darkness after one hour after
sunset shall be provided with lights and lighting facilities that will provide 0.03 watt per square
foot with incandescent light source, or 0.01 watt per square foot with either mercury vapor or
fluorescent light source, but in no event less than 0.2 foot-candle average maintained
illumination on the entire parking lot surface and an average ratio of six to one (6:1).
18.80.080: LIGHTING FACILITIES; PERMIT AND PLAN REQUIRED:
Before installing the lighting facilities required by section 18.80.070 of this chapter, or its
successor, and before altering or adding to any lighting facilities presently existing, the operator
of a parking lot shall first make application to the building official for a permit, and shall submit
with such application a detailed plan for such facilities. If it shall be found that the installation
will conform to the requirements of this chapter and the electrical code, a permit shall be issued
upon payment of the fee required by the electrical code covering work in commercial and
industrial property.
18.80.090: CAR CAPACITY AND MANEUVERING:
The maximum car capacity indicated on the application shall be reasonable, and the arrangement
of parking facilities shall not necessitate the backing of cars onto adjoining public sidewalks,
parkways, roadways or thoroughfares in conducting parking and unparking operations.
18.80.100: CLEANUP OF WASTE AND LITTER:
Every operator of a "parking lot", as defined in this chapter, whether such operator is owner,
lessee, representative or agent, shall keep such parking lot in a clean condition at all times, free
from all kinds of refuse and waste material. It shall be sufficient compliance with this section to
clear the parking lot from refuse and waste material once each day.
18.80.110: ENFORCEMENT OF PROVISIONS:
It shall be the duty of the building official to enforce the provisions of this chapter with respect to
lighting facilities. It shall be the duty of the board of health to enforce the provisions of this
chapter as to keeping the premises in a clean condition.
18.80.120: FAILURE TO COMPLY WITH CHAPTER PROVISIONS:
It is unlawful for any operator of a "parking lot", as defined in this chapter, whether such person
is owner, lessee, representative or agent, to fail to comply with, or to violate any provision of this
chapter.
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SECTION 17. Repealing the text of Salt Lake City Code Chapter 18.92. That Chapter
18.92 of the Salt Lake City Code (Additional Regulations: Building Conservation Code) shall be,
and hereby is repealed in its entirety as follows:
CHAPTER 18.92
BUILDING CONSERVATION CODE
18.92.010: UNIFORM CODE FOR BUILDING CONSERVATION ADOPTED BY
REFERENCE:
The uniform code for building conservation, 1988 edition, is adopted by the city as the
ordinances, rules and regulations of the city, subject to the amendments and exceptions thereto as
hereinafter set out. Three (3) copies of the code shall be filed for use and examination by the
public in the office of the city recorder.
18.92.020: EXCEPTION TO SECTION 402(d) AMENDED:
The exception to section 402(d) of the code is amended to read as follows:
Exception: Existing corridor walls, ceilings and opening protection not in compliance with the
above may be continued when the corridors and common areas are protected with an approved
automatic sprinkler system. Such sprinkler system may be supplied from the domestic water
supply system, provided the system is of adequate pressure, capacity and sizing for the combined
domestic and sprinkler requirements. When the building or floor changes occupancy, the entire
floor or building must be protected with an approved automatic sprinkler system throughout.
18.92.030: SECTION 403 AMENDED:
Section 403 of the code is amended by deleting the following sentence:
Roofs, floors, walls, foundations and all structural components of buildings or structures shall be
capable of resisting the forces and loads specified in chapter 23 of the building code.
18.92.040: EXCEPTION ADDED TO SECTION 606(1):
An exception to section 606(1) is enacted to read as follows:
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Exception: Existing nonconforming materials do not need to be surfaced with an approved fire
retardant paint or finish when an automatic fire extinguishing system is installed throughout and
the nonconforming materials can be substantiated as historic in character.
SECTION 18. Repealing the text of Salt Lake City Code Chapter 18.94. That Chapter
18.94 of the Salt Lake City Code (Additional Regulations: Commercial Building Benchmarking
and Market Transparency) shall be, and hereby is repealed in its entirety as follows:
CHAPTER 18.94
COMMERCIAL BUILDING BENCHMARKING AND MARKET TRANSPARENCY
18.94.10 : PURPOSE:
The purpose of this chapter is to promote long-term economic development in Salt Lake City
through the enhanced energy efficiency of existing commercial buildings, and to reduce local air
pollution and greenhouse gas emissions resulting from energy consumption in such buildings
through increased energy efficiency, by requiring certain non-residential buildings to benchmark
and report energy consumption and investigate opportunities to implement cost-effective
building energy tune- ups. Promoting and recognizing efficient buildings will contribute to a
cleaner environment and a more efficient use of energy resources.
18.94.020: SCOPE:
The provisions of this chapter apply to buildings and building owners as follows:
A.All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code, with three thousand (3,000) square feet or more of gross floor area;
provided, however, no building with less than twenty two thousand (22,000) square feet of gross
floor area shall be subject to the provisions of section 18.94.080 of this chapter.
B.All other governed buildings or campuses of buildings that are not used for
residential purposes within Salt Lake City's geographic boundaries, where at least one of the
buildings is comprised of at least twenty five thousand (25,000) square feet of gross floor area.
To the extent a governed building contains elements or uses that are not included within the
definition of a governed building under this chapter, the square footage of gross floor area of
such elements or uses shall be excluded from the square footage of gross floor area of such
building and shall not be considered a part of the governed building for purposes of this chapter.
C. Exemptions:
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32.Governed buildings that are new construction and the Certificate of
Occupation was issued less than two (2) years prior to the applicable deadlines; or
33.Governed buildings that do not have a Certificate of Occupation or
temporary Certificate of Occupation for all twelve (12) months of the calendar year being
benchmarked; or
34. Governed buildings where a full demolition permit has been issued for
the prior calendar year, provided that demolition work has commenced, some energy-
related systems have been compromised, and legal occupancy is no longer possible at
some point during the calendar year being benchmarked; or
35.Governed buildings, including individual buildings or structures, that do
not receive utility services; or
36.Any of the following: a property or building that is not assessed ad
valorem real property taxes by Salt Lake County, houses of worship, apartments,
agricultural storage facilities and greenhouses, buildings used for heavy manufacturing
purposes as defined in section 21A.62.040 of this Code, oil and gas production facilities,
buildings that contain movie/television/radio production studios, soundstages, broadcast
antennae, data center, or trading floor that together exceed ten percent (10%) of gross
floor area.
D. Governed buildings do not include properties owned by State or Federal
government.
18.94.030: DEFINITIONS:
BASE BUILDING SYSTEMS: A building assembly made up of various components that serve
a specific function and that are controlled and operated by the owner or designee, including:
A. The building envelope;
B. The HVAC (heating ventilating and air conditioning) systems;
C. Conveying systems;
D. Electrical and lighting systems;
E. Domestic hot water systems.
BENCHMARK: To track and report the total energy consumed for a governed building for the
previous calendar year and other descriptive information for such building as captured by the
benchmarking tool. Total energy consumption may not include separately metered uses that are
not integral to building operations, such as broadcast antennas and electric vehicle charging
stations.
BENCHMARKING SUBMISSION: A subset of:
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A. Information input into the benchmarking tool; and
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B. Benchmarking information generated by the benchmarking tool.
BENCHMARKING TOOL: The Energy Star portfolio manager or any replacement tool adopted
by the U.S. Environmental Protection Agency, and any substantially similar tool approved by the
Director.
BUILDING ID NUMBER: The identification number that is unique to a governed building.
BUILDING MANAGEMENT SYSTEM: A computer-based system that monitors and controls a
building's mechanical and electrical equipment, such as HVAC, lighting, power, fire, and
security systems, including an energy management system, incorporating interior temperature
sensors and a central processing unit and controls, which are used to monitor and control gas,
steam and oil usage, as applicable.
CAMPUS: A collection of two (2) or more buildings where at least one of the buildings has at
least twenty five thousand (25,000) square feet of gross floor area or more and that act as a single
cohesive property with a single shared primary function, and are generally owned and operated
by the same party.
CITY PROPERTY: All buildings owned by the City, that are not used for residential purposes,
wastewater reclamation plants, or for heavy manufacturing purposes as defined in section
21A.62.040 of this Code.
DEPARTMENT: The Salt Lake City Department of Sustainability.
DIRECTOR: The Director of the Salt Lake City Department of Sustainability.
ENERGY STAR PORTFOLIO MANAGER: The tool developed and maintained by the U.S.
Environmental Protection Agency to track and assess the relative energy performance of
buildings nationwide.
ENERGY STAR SCORE: The 1 - 100 numeric rating generated by the Energy Star portfolio
manager tool.
FINANCIAL HARDSHIP: A property that:
A. Had arrears of property taxes or water or wastewater charges that resulted in the
property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
B. Has a court appointed receiver in control of the property due to financial distress;
or
C. Is owned by a financial institution through default by the borrower; or
D. Has been acquired by a deed in lieu of foreclosure; or
E. Has a senior mortgage subject to a notice of default.
GOVERNED BUILDING: All stand-alone and enclosed buildings used or occupied for a
commercial use, including:
A. Banking/financial services;
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B. Stand-alone data centers;
C. Education (including K - 12, daycare, pre- school, vocational school);
D. Entertainment/public assembly (including convention centers, gyms, movie
theaters, performing arts, meeting halls, recreation centers);
E. Food sales and services (including restaurants, supermarkets, grocery stores,
convenience stores);
F. Healthcare (including hospitals, medical offices, senior care communities,
assisted living and nursing care);
G. Lodging (including hotels, motels);
H. Mixed use;
I. Offices;
J. Retail (including retail goods establishments, retail service establishments,
department stores, mass merchandising stores, specialty stores, enclosed retail malls and
shopping centers);
K. Technology/science (including data centers and research facilities);
L. Warehouses, distribution, and package delivery facilities.
GROSS FLOOR AREA: All gross floor area, which is the area included within the exterior walls
of a building or portion thereof, including mezzanines, enclosed interior balconies, enclosed
porches, basement floor area, penthouses, attic space having headroom of seven feet (7') or more,
and interior connected floor area devoted to accessory uses. Gross floor area does not include
balconies, patios, crawl spaces, courts, convertible indoor/outdoor space, parking or loading
areas, and covered walkways.
HEAVY MANUFACTURING: The same as defined in section 21A.62.040 of this Code.
OCCUPANCY: The physical occupancy of a unit or space by an occupant or a tenant.
OWNER: Any of the following:
A. An individual or entity possessing title to a governed property;
B. The net lessee in the case of a property subject to a triple net lease with a single
tenant;
C. The Board of Managers in the case of a nonresidential condominium;
D. An agent or party duly authorized to act on behalf of the owner.
PERSISTENT COMMISSIONING: An ongoing process of comparing data obtained through the
building management system with analytic models; identifying problematic sensors, controls and
equipment; and resolving operating problems, optimizing energy use and identifying retrofits for
existing buildings.
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SHARED BENCHMARKING INFORMATION: Any descriptive information identifying
governed buildings with Energy Star scores above 50, and any portions of the submitted
benchmarking information that owner elects to be posted publicly on the department's website.
SUBMITTED BENCHMARKING INFORMATION: Whole-building information generated by
the benchmarking tool and descriptive information about the governed building and its
operational characteristics, which is submitted to the department. The information shall be
limited to:
37.Descriptive information:
• Property address;
• Primary use type;
• Gross floor area;
38.Output information:
• Site electricity consumption (kWh);
• Site natural gas consumption (therms);
• Site energy use intensity (site EUI);
• Weather normalized source energy use intensity (source EUI);
• Total annual greenhouse gas emissions;
• Water use per gross square foot (if available);
• The Energy Star score, where available; and
39.Comparable information based on updates/revisions to Energy Star portfolio
manager.
TENANT: A person or entity occupying or holding possession of all or a portion of real
property, or all or a portion of a governed building pursuant to a rental or lease agreement.
TUNE-UP EVALUATION: A utility sponsored retro-commissioning process that systematically
evaluates base building systems and identifies improvements to achieve optimal building
performance. This includes planning, investigation, and documentation to optimize operation,
maintenance and performance of the facility and/or its base building systems and assemblies.
TUNE-UP EVALUATION REPORT: A report certified by the tune-up professional
demonstrating that a tune-up evaluation was conducted through a utility-sponsored tune-up
incentive program.
TUNE-UP PROFESSIONAL: An individual or entity approved or utilized by local utilities to
provide tune-up evaluation services or who possesses other substantially similar credential to
perform a tune-up evaluation required by this chapter.
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18.94.040: SUMMARY OF BUILDING ENERGY PERFORMANCE REQUIREMENTS
AND INITIAL COMPLIANCE DATES:
Properties Submitted
Benchmarking
Information Due
Shared
Benchmarking
Information Made
Publicly Available
Date When First
Tune-Up
Evaluation
Report Must Be
Filed
Frequency Of
Tune-Up
Evaluation
City property May 1, 2018 Sept. 1, 2018 May 1, 2020 Prior to Dec.
31 of every
fifth year
Governed
building (50,000
sq. ft. of gross
floor area or
larger)
Governed
building (25,000
to 49,999 sq. ft.
of gross floor
area)
May 1, 2019 Sept. 1, 2020 May 1, 2021 Prior to Dec.
31 of every
fifth year
May 1, 2020 Sept. 1, 2021 May 1, 2022 Prior to Dec.
31 of every
fifth year
18.94.050: BENCHMARKING AND BENCHMARKING SUBMISSION REQUIRED:
A.Governed buildings and City properties shall be benchmarked annually for the
previous calendar year according to the following schedule:
1.Each City property shall be benchmarked no later than May 1, 2018, and
every May 1 thereafter.
2.Each governed building with a gross floor area of fifty thousand (50,000)
square feet or more shall be benchmarked no later than May 1, 2019, and every May 1
thereafter.
3. Each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet shall be
benchmarked no later than May 1, 2020, and every May 1 thereafter.
B.Below is a summary table of the first benchmarking submission compliance dates:
Properties Benchmarking Submission By
Building Owner
City property May 1, 2018
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Governed building (50,000 square feet of gross floor
area or larger)
Governed building (25,000 to 49,999 square feet of
gross floor area)
May 1, 2019
May 1, 2020
A.Benchmarking shall be performed and/or verified by the owner.
B. Before making a benchmarking submission the owner shall run all automated data
quality checker functions available within the benchmarking tool, and shall correct all missing or
incorrect information identified.
C.If the current owner receives notification from the City that any information
reported as part of the benchmarking submission is inaccurate or incomplete, the information so
reported shall be amended in the benchmarking tool by the owner and the owner shall provide an
updated benchmarking submission to the Director within sixty (60) days of the notification.
D.Exceptions:
1.Governed buildings whose average occupancy throughout the calendar
year for which benchmarking is required is less than sixty percent (60%); or
2.Governed buildings under financial hardship; or
3.Due to special circumstances unique to the applicant's facility and not
based on a condition caused by actions of the applicant, strict compliance with provisions
of this chapter would cause undue hardship or would not be in the public interest; or
4.An owner is unable to benchmark due to the failure of either a utility
provider or a tenant (or both) to report the information necessary for the owner to
complete any benchmarking submittal requirement.
E.For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the department in the
year prior to the due date for the benchmarking submission, establishing that the governed
building qualifies for such an exception.
F.A randomly-selected subset of benchmarking submission not to exceed ten
percent (10%) of the total benchmarking submissions completed in a given year may be subject
to verification by the City. Such reviews shall be conducted in a way so as to preserve the
anonymity of individual properties and shall be conducted at no cost to the owner.
G.An owner may make a claim of confidentiality for any submitted benchmarking
information pursuant to the limitations under State law.
18.94.060: BUILDING ENERGY PERFORMANCE TRANSPARENCY:
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A. The City shall make accessible to the public the shared benchmarking information
for the previous calendar year.
1. For each governed building with a gross floor area of fifty thousand
(50,000) square feet or more, on or about September 1, 2020, and on or about each
September 1 thereafter.
2.For each governed building with a gross floor area of twenty five thousand
(25,000) to forty nine thousand nine hundred ninety nine (49,999) square feet, on or
about September 1, 2021, and each September 1 thereafter.
B. The department may, upon request, make available the submitted benchmarking
information for the previous calendar year for an individual City property or governed building.
18.94.070: PROVIDING BENCHMARKING INFORMATION TO THE PROPERTY
OWNER:
A. Each tenant occupying a governed building shall, within sixty (60) days of a
request by the owner and in a form to be determined by the Director, provide all information that
cannot otherwise be acquired by the owner and that is needed by the owner to comply with the
requirements of this chapter.
18.94.080: TUNE-UP EVALUATIONS REQUIRED:
A.Required: Tune-up evaluations are required for governed buildings and City
properties that are eligible for participation in a utility-sponsored tune-up incentive program, as
determined by the utility offering the incentive program and that have an Energy Star score of 49
and below. Implementation of tune-up measures in addition to evaluations is encouraged but not
required.
B.Report: The owner shall conduct a tune-up evaluation of the base building
systems of a qualifying governed building and file a tune-up evaluation report prior to December
31 of the year in which the tune-up evaluation is being performed. The initial reporting year shall
be determined by the last digit of the property's tax ID number as illustrated below, and
subsequent tune-up evaluation shall be completed and tune-up evaluation reports filed every fifth
year thereafter:
Last Digit Of Tax ID 50,000 Square Feet And Above Of 25,000 To 49,999 Square Feet Of
Number Gross Floor Area Gross Floor Area
Last Digit Of Tax ID 50,000 Square Feet And Above Of 25,000 To 49,999 Square Feet Of
Number Gross Floor Area Gross Floor Area
0 2021 2022
1 2021 2022
2 2022 2023
3 2022 2023
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4 2023 2024
5 2023 2024
6 2024 2025
7 2024 2025
8 2025 2026
9 2025 2026
City.C. Report Submission: The owner shall submit the tune-up evaluation report to the
D. Exceptions: Tune-up evaluations are not required if any of the following are met:
1. If the governed building is less than five (5) years old; or
2.If a registered design professional or tune-up professional certifies that:
a.The governed building has an Energy Star score of 50 or above for
the year prior to the first tune-up due date or for at least two (2) of the three (3)
years preceding the due date of the governed building's tune-up evaluation report.
b. There is no Energy Star rating for the building type and owner
submits documentation that the property's energy performance is better than the
energy performance of an average building of its type for two (2) of the three (3)
years preceding the due date of the governed building's tune-up report.
c.The governed building has received certification under the most
recent LEED 2009 rating system for existing buildings or operation and
maintenance, or existing buildings version 4 rating system or future iterations of
LEED published by the U.S. Green Building Council or other substantially
similar rating systems for existing buildings, for at least two (2) of the three (3)
years preceding the due date for the governed building's tune-up evaluation
reports.
d.The governed building has performed a tune-up evaluation within
the past five (5) years prior to the tune-up evaluation due date.
3. If the governed building has a persistent commissioning program in place.
For properties qualifying for these exceptions, the owner shall file documentation,
in such form and with such certifications as required by the Director, with the
department in the year prior to the due date for the tune-up report, establishing
that the governed building qualifies for such an exception.
E. Verification: A randomly-selected subset of tune-up evaluation reports not to
exceed ten percent (10%) of the total tune-up evaluation reports completed in a given year may
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be subject to verification by the City. Such reviews shall be conducted in a way so as to preserve
the anonymity of individual properties and shall be conducted at no cost to the owner.
18.94.090: NOTIFICATION:
A. Between January 1 and March 1 of each year during which an owner is required
to provide a benchmarking submission, the Director shall notify these owners of their obligation
to benchmark performance for the previous calendar year through whatever means the Director
so chooses.
18.94.100: VIOLATIONS AND ENFORCEMENT:
A. If the Director determines that an owner has failed to comply with the
requirements of this chapter or the owner submits incomplete or false information, the Director
may issue up to three (3) written notices of noncompliance to the owner, allowing owner to cure
such noncompliance within ninety (90) days after each notice of violation. After the third written
notice of violation, the Director may impose a fine of up to five hundred dollars ($500.00) per
violation thereafter not exceeding a total of one thousand dollars ($1,000.00) annually.
18.94.110: APPEALS PROCESS:
A. Any owner affected by the Director's determination related to that owner's
property regarding enforcement of this chapter may request, within thirty (30) days of owner's
written notification of the Director's determination, in writing filed with the department, an
appeal hearing before the Board of Appeals and Examiners, established under this title.
SECTION 18. Amending the text of Salt Lake City Code Chapter 18.95. That Chapter
18.95 of the Salt Lake City Code (Additional Regulations: Use of LEED Standards in City
Funded Construction) shall be, and hereby is amended as follows:
CHAPTER 18.95
USE OF LEED STANDARDS IN CITY FUNDED CONSTRUCTION
18.95.10 : PURPOSE:
The purpose of this chapter is to promote development consistent with sound environmental
practices by requiring, subject to Sections 18.95.040, 18.95.050, and 18.95.120 of this chapter,
that applicable building projects constructed with city construction funds obtain, at a minimum:
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a) "silver" for city owned and operated buildings, or b) "certified" for private building projects
that receive city funds. These designations shall be from the "USGBC" as defined herein.
18.95.020: DEFINITIONS:
As used in this chapter:
APPLICABLE BUILDING PROJECT: The construction or major renovation of a commercial,
multi-family residential, or municipal building that will contain more than 10,000 square feet of
occupied space when the design contract for such project commences on or after November 17,
2006.
CERTIFIED: The level of compliance with the leadership in energy and environmental design
(LEED) standards designated as "certified" by the United States Green Building Council
(USGBC).
CHIEF PROCUREMENT OFFICER: The city employee designated pursuant to Subsection
3.24.040A or that employee's designee pursuant to Section 3.24.050.
CITY CONSTRUCTION FUNDS: Funds that are authorized to be used for construction by the
city council for use by any person or city department in order to construct an applicable building
project, including, without limitation, loans, grants, and tax rebates. However, this term shall not
apply to the funds of the library or redevelopment agency.
CITY ENGINEER: The city employee designated pursuant to Section 2.08.080 of this code or
that employee's designee pursuant to Section 3.24.050.
LEED STANDARD: The leadership in energy and environmental design (LEED) green building
rating system for new construction and major renovations (LEED-NC) as adopted in November
2002 and revised in November 2005, the LEED green building rating system for commercial
interiors (LEED-CI) as adopted in November 2002, or the LEED green building rating system
for existing buildings upgrades, operations and maintenance (LEED-EB) as adopted in October
2004 and updated in July 2005.
MAJOR RENOVATION: Work that demolishes space down to the shell structure and rebuilds it
with new walls, ceilings, floors and systems, when such work affects more than 25% of the
building's square footage, and the affected space is at least 10,000 square feet or larger.
SILVER: The level of compliance with LEED standards designated as "silver" by the USGBC.
SUBSTANTIAL COMPLIANCE: A determination of good faith efforts to comply as further
described in Section 18.95.110.
TEMPORARY STRUCTURE: Any proposed building that is intended to be in existence for 5
years or less or any existing building that at the time it was constructed was intended to be in
existence for 5 years or less.
USGBC: The organization known as the United States green building council.
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18.95.030: APPLICATION:
Whenever city construction funds are used for an applicable building project, such project shall
at a minimum obtain a silver certification by the USGBC in the case of a city owned building
project or certified certification in the case of all other projects, subject to the exceptions,
waivers, and determinations of substantial compliance provided for in this chapter.
18.95.040: EXCEPTIONS:
The provisions of this chapter shall not apply if the building official and either the chief
procurement officer or the city engineer jointly determine in writing that any of the following
circumstances exist:
A. The applicable building project will serve a specialized, limited function, such as
a pump station, garage, storage building, equipment area, or other similar area, or a single-
family residence;
B. The applicable building project is intended to be a temporary structure;
C. The useful life of the applicable building project does not justify whatever
additional expense would be incurred to increase the building's long term efficiency;
D. The application of LEED standard factors will increase construction costs beyond
the funding capacity for the project, or will require that the project's scope of work or
programmatic needs be diminished to meet budget constraints;
E. The use of LEED standard factors will create an impediment to construction due
to conflicts of laws, building code requirements, federal or state grant funding requirements, or
other similar requirements;
F. LEED factors are not reasonably attainable due to the nature of the facilities or the
schedule for construction; or
G. LEED certification will violate any other federal, state or local law, including,
without limitation, other sections of this code.
If an exception is granted, the developer must agree to integrate green building practices into the
design and construction of the project to the maximum extent possible and feasible. A
determination that an exception does not apply may be appealed in accordance with Chapter
18.12.
18.95.050: WAIVERS:
The denial of an exception pursuant to Section 18.95.040 of this chapter does not preclude an
application for waiver pursuant to this section. The board shall have the authority to grant a
waiver from the requirements of this chapter only if it makes the following findings in writing:
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A. Literal enforcement of this chapter would cause unreasonable hardship for the
applicant that is not necessary to carry out the general purpose of this chapter;
B. There are special circumstances attached to the project that do not generally apply
to other projects that are subject to this chapter;
C. The waiver would not have a substantially negative effect on the master plans,
policies, and resolutions of the city and would not be contrary to the purposes of this chapter;
D. Any asserted economic hardship is not self-imposed; and
E. The spirit of this chapter will be observed and substantial justice done.
18.95.060: APPEAL OF CITY DECISIONS:
Appeals of decisions by the building official or enforcement officials pursuant to this chapter
shall be taken in accordance with Chapter 18.12.
18.95.070: RESERVED
18.95.080: REQUIRED DEPOSIT:
All private sector developers, excluding nonprofit developers, who receive city funds for
applicable building projects shall submit a $10,000.00 "good faith" deposit with the city which
shall be refunded upon the building project receiving the applicable level of LEED certification
or after a determination of substantial compliance.
18.95.090: PROOF OF REGISTRATION:
Within 30 days from receiving notice that the city will fund an applicable building project, all
private sector developers shall submit written proof that said project is registered with the
USGBC. City funds will not be dispersed until the required deposit under Section 18.95.080 and
the proof of registration under this section are received by the city.
18.95.100: REQUEST FOR EXTENSION:
If a project is not LEED certified or has not been granted a determination of substantial
compliance within one year after a temporary certificate of occupancy is issued by the city, then
a private sector developer must file a written application with the city for an extension to obtain
LEED certification. Said application must be filed with the city no later than 395 days after the
date on which the certificate of occupancy was issued by the city. The city may grant a one year
extension pursuant to this section and any additional extensions as may be necessary so long as a
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private sector developer is actively pursuing LEED certification. Extensions pursuant to this
section shall begin on the date granted by the city.
18.95.110: REQUEST FOR SUBSTANTIAL COMPLIANCE:
Receipt of LEED certification from the USGBC shall be conclusive evidence of the level of
certification stated therein. If certification is not received from the USGBC or is not at the level
required by this chapter, a private sector developer may request that the city issue a
determination that the project has substantially complied with this chapter upon a reasonable
demonstration that such project as constructed is consistent with the intent of this chapter and
that strict enforcement of this chapter would create an unreasonable burden in light of the needs
of such project, the ability of the project owner to control cost increases, and other relevant
circumstances. The request for determination of substantial compliance must contain the
following information:
A. Final LEED certification application, documentation, and response from the
USGBC;
B. An explanation of the efforts and accomplishments made by the private sector
developer to achieve compliance with this chapter;
C. An explanation of the practical or economic infeasibility of implementing certain
high performance building design or construction techniques that, if implemented, would
otherwise have likely resulted in certification; and
D. Any other supporting documents the private sector developer wishes to submit.
18.95.120: DETERMINATION OF SUBSTANTIAL COMPLIANCE:
The building official and either the chief procurement officer or the city engineer shall review
within 60 days of receipt of a request for determination of substantial compliance and shall
approve or deny the request based on the good faith efforts of the private sector developer to
comply with this chapter. In making a determination of the good faith efforts, review of the
request shall include whether the private sector developer has established the following:
A. That reasonable, appropriate, and ongoing efforts to comply with this chapter
were taken; and
B. That compliance would otherwise have been obtained but for the practical or
economic infeasibility of implementing high performance building design or construction
techniques.
In making any such determination, cost increases due solely to aesthetic elements shall not
constitute any part of a demonstration of unreasonable burden. A determination of substantial
compliance pursuant to this section shall satisfy Section 18.95.030.
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If the request for determination of substantial compliance is denied, the private sector developer
will be deemed to have not satisfied Section 18.95.030 and shall forfeit the "good faith" deposit
under Section 18.95.080 and may be assessed an additional penalty up to the amount originally
funded by the city. Any penalty assessed shall be offset by the "good faith" deposit.
18.95.130: PENALTY:
Any private sector developer who fails to: a) comply with this chapter, b) apply for an extension
pursuant to Section 18.95.100 of this chapter, or c) receive a determination of substantial
compliance, shall forfeit the "good faith" deposit to the city to cover the cost and inconvenience
to the city. An additional penalty may be assessed based on a direct analysis of possible LEED
design credits. Given that a total of 26 LEED design credits are required for certification, the
additional penalty shall be based on the following considerations:
A. If the city determines that a project could have reasonably received 21-25 LEED
credits, then the private sector developer shall pay the city up to 25% of the amount originally
funded.
B. If the city determines that a project could have reasonably received 16-20 LEED
credits, then the private sector developer shall pay the city up to 50% of the amount originally
funded.
C. If the city determines that a project could have reasonably received 6-15 LEED
credits, then the private sector developer shall pay the city up to 75% of the amount originally
funded.
D. If the city determines that a project could have reasonably received 0-5 LEED
credits, then the private sector developer shall pay the city up to 100% of the amount originally
funded.
Failure to pay a penalty within 90 days of written notice from the city shall result in a lien
against the project.
18.95.140: RULE MAKING AUTHORIZATION:
The building official and either the chief procurement officer or the city engineer are authorized
to issue administrative rules under this chapter.
18.95.150: ADMINISTRATIVE INTERPRETATIONS:
Pursuant to the authority granted under Subsection 18.08.040K, the building official may render
interpretations of this chapter. Such interpretations shall conform with the intent and purpose of
this chapter, and shall be made available in writing for public inspection upon request.
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18.95.160: LIMITATIONS:
Nothing required under this chapter shall supersede any federal, state or local law, including,
without limitation, other provisions of this code; or any contract, grant, or other funding
requirement; or other standards or restrictions that may otherwise apply to an applicable building
project. This chapter shall not apply whenever its application would disadvantage the city in
obtaining federal funds.
SECTION 19. Amending the text of Salt Lake City Code Chapter 18.96. That Chapter
18.96 of the Salt Lake City Code (Additional Regulations: Fit Premises) shall be, and hereby is
amended as follows:
CHAPTER 18.96
FIT PREMISES
18.96.10 : TITLE:
This chapter may be referred to as the SALT LAKE CITY FIT PREMISES ORDINANCE.
18.96.020: EXCLUSIONS FROM APPLICATION OF CHAPTER:
The following arrangements are not governed by this chapter:
A. Residence at a detention, medical, geriatric, educational, counseling, or religious
institution;
B. Occupancy under a contract of sale of a dwelling unit if the occupant is the
purchaser;
C. Occupancy by a member of a fraternal or social organization in a building
operated for the benefit of the organization;
D. Transient occupancy in a hotel, or motel (or lodgings subject to Utah code section
59-12-301); except that single room occupancy units ("SRO") shall be governed by this chapter.
"SRO" means an existing housing unit with one combined sleeping and living room of at least 70
square feet, but of not more than 220 square feet, where the usual tenancy or occupancy of the
same unit by the same person or persons is for a period of longer than one week. Such units may
include a kitchen and a private bath; and
E. Occupancy by an owner of a condominium unit.
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18.96.030: IDENTIFICATION OF OWNER AND AGENTS:
A. A property owner, or any person authorized to enter into an oral or written rental
agreement on the property owner's behalf, shall disclose to the tenant in writing at or before the
commencement of the tenancy the name, address and telephone number of:
1. The owner or person authorized to manage the premises; and
2. A local person authorized to act for and on behalf of the owner for the
purpose of receiving notices and demands, and performing the property owner's
obligations under this chapter and the rental agreement if the owner or manager reside
outside of Salt Lake City.
B. A person who enters into a rental agreement as “landlord”, “property manager” or
the like, and fails to comply with the requirements of this section becomes an agent of the
property owner for the purposes of:
1. Receipt of notices under this chapter; and
2. Performing the obligations of the property owner under this chapter and
under the rental agreement.
C. The information required to be furnished by this section shall be kept current.
This section is enforceable against any successor property owner, owner, or manager.
D. Every rental property with more than one unit rented without a written agreement
shall have a notice posted in a conspicuous place with the name, address and telephone number
of the owner or manager and local agent as required by subsection A of this section.
18.96.040: PROPERTY OWNER TO DELIVER POSSESSION OF DWELLING UNIT:
A. A copy of the lease or rental agreement, rules and regulations, an inventory of the
condition of the premises, a list of all appliances and furnishings and a summary of this chapter
shall be given to each tenant at the time the rental agreement is entered into. The summary shall
be prepared by the city for the purpose of fairly setting forth the material provisions of this
chapter and shall include information about mediation resources in the Salt Lake City area and
shall encourage property owners and tenants to take advantage of mediation services. The
property owner shall secure and retain the tenant's signed acknowledgment that the foregoing
documents have been provided to the tenant. Such acknowledgment shall be returned to the
property owner no later than 3 days after the tenant takes possession of the dwelling unit.
Before entering into a rental agreement, the property owner shall disclose to the tenant any
current notice by a utility provider to terminate water, gas, electrical or other utility service to the
dwelling unit or to common areas of the building, the proposed date of termination, and any
current uncorrected building or health code violation included in a deficiency list or notice from
the division or any other government entity.
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B. By explicit written agreement, a property owner and a tenant may establish a
procedure whereby the tenant notifies the property owner of needed repairs, makes those repairs
and deducts the cost of the repairs from the rent due and owing.
C. A property owner may allocate any duties to the tenant by explicit written
agreement. Such agreement must be clear and specific, boxed, in bold type or underlined.
18.96.050: PROPERTY OWNER TO MAINTAIN THE PREMISES AND EACH
DWELLING UNIT:
A property owner shall:
A. Comply with the requirements of applicable building, housing and health codes
and city ordinances and not rent the premises unless they are safe, sanitary, and fit for human
occupancy;
B. Maintain the structural integrity of the building;
C. Maintain floors in compliance with safe load bearing requirements;
D. Provide exits, emergency egress, and light and ventilation in compliance with
applicable codes;
E. Maintain stairways, porches, walkways and fire escapes in sound condition;
F. Provide smoke detectors and fire extinguisher as required by code;
G. Provide operable sinks, toilets, tubs and/or showers;
H. Provide heating facilities as required by code;
I. Provide kitchen facilities as required;
J. Provide running water;
K. Provide adequate hall and stairway lighting;
L. Maintain floors, walls and ceilings in good condition;
M. Supply window screens where required by code;
N. Maintain foundation, masonry, chimneys, water heater and furnace in good
working condition;
O. Prevent the accumulation of stagnant water in the interior of any premises;
P. Maintain in good and safe working order and condition all electrical, plumbing,
sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the
property owner as required by applicable codes;
Q. Provide and maintain appropriate garbage receptacles and arrange for timely
garbage removal as required by code;
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R. Supply electricity, and hot water at all times and heat during at least the months of
October through April and as weather conditions might otherwise reasonably warrant, except
where the dwelling unit is so constructed that electricity, heat or hot water is within the exclusive
control of the tenant and supplied by a direct public utility connection;
S. Once proof of pest infestation has been established, be responsible for initiation of
pest control measures. In no instance shall a property owner be required to apply pesticides
contrary to label directions;
T. Not interrupt or disconnect utility service;
U. Provide adequate locks to exterior doors and furnish keys to tenants as required
by applicable codes;
V. Maintain the dwelling unit in a reasonably insulated and weather tight condition
as required by the building and housing and Utah state energy conservation codes;
W. Provide for and protect each tenant's peaceful enjoyment of the premises;
X. Ensure that repairs, decorations, alterations, or improvements, or exhibiting the
dwelling unit shall not unreasonably interfere with the tenants' right to quiet enjoyment of the
premises;
Y. Provide a mailbox; and
Z. Provide separate meters for each tenant for gas and electricity or include charges
for utility services in the rent.
18.96.060: TENANT TO MAINTAIN DWELLING UNIT:
A tenant shall:
A. Comply with all appropriate requirements of the rental agreement and applicable
provisions of building, housing and health codes;
B. Maintain the premises occupied in a clean and safe condition and not
unreasonably burden any common area;
C. Dispose of all garbage and other waste in a clean and safe manner and avoid
leaving garbage or litter in hallways, porches, patios and other common areas;
D. Maintain all plumbing fixtures in as sanitary a condition as the fixtures permit and
avoid obstructing sinks, toilets, tubs, showers and other plumbing drains;
E. Use all electrical, plumbing, sanitary, heating, and other facilities and appliances
in a reasonable manner;
F. Not destroy, deface, damage, impair or remove any part of the premises or
knowingly permit any person to do so;
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G. Promptly inform the property owner of any defective conditions or problems at
the premises;
H. Not interfere with the peaceful enjoyment of the residential rental unit of another
renter;
I. Upon vacation, restore the premises to their initial condition except for reasonable
wear and tear or conditions caused by the property owner;
J. Be current on all payments required by the rental agreement and this chapter;
K. Not increase the number of occupants above that specified in the rental agreement
without written permission of the owners;
L. Not modify or paint the premises without the express written permission of the
property owner/agent;
M. Dispose of oil, car batteries, and other hazardous waste materials away from the
rental premises, and in a manner prescribed by federal and local laws; and
N. Not require the owner to correct or remedy any condition caused by the renter, the
renter's family or the renter's guests or invites by inappropriate use of the property during the
rental term or any extension of it.
18.96.070: RULES AND REGULATIONS:
A property owner may adopt rules or regulations concerning the tenant's use and occupancy of
the premises which become a part of the rental agreement if they apply to all tenants in the
premises in a nondiscriminatory manner, do not conflict with the lease, state law or city
ordinance, and are provided to the tenant before the tenant enters into the rental agreement.
Rules, regulations or lease terms can, by agreement between the parties, be more favorable to the
tenant than allowed by state law or city ordinance but cannot be more restrictive. Rules may be
modified from time to time by the property owner. However, no rule adopted after the
commencement of any rental agreement shall substantially modify the existing terms, conditions
or rules without written consent of the tenant.
18.96.080: ACCESS:
A. A tenant shall not unreasonably withhold consent to the property owner to enter
into the dwelling unit in order to make necessary or agreed repairs, decorations, alterations, or
improvements; or exhibit the dwelling unit to prospective purchasers, tenants, or work people.
B. A property owner may enter the dwelling unit without consent of the tenant in
case of emergency.
C. Except in case of emergency the property owner shall give the tenant at least 24
hours' notice of plans to enter and may enter only between 8:00 A.M. and 10:00 P.M.
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D. A property owner has no other right of access except:
1. Pursuant to court order;
2. To make repairs requested by the tenant pursuant to Sections 18.96.110
and 18.96.120 of this chapter;
3. To make repairs ordered by the division pursuant to this title; or
4. If the tenant has abandoned the premises as defined in Section 78B-6-814,
Utah Code, or any successor provision.
18.96.090: RESERVED
18.96.100: RESERVED
18.96.110: REPAIR OF SPECIFIED FAILURES:
In the event of the failures specified below, which are not due to the unavailability of utility
service, the property owner shall take reasonable steps to begin repairing the failures promptly
after receipt of written notice of the failure delivered in accordance with Section 18.50.100, and
shall remedy such failure within the period set forth in the notice and order issued by the
inspector:
A. Inoperable toilet
B. Tub, shower or kitchen and bathroom sink with inoperable drain or no hot or
cold water
C. Inoperable refrigerator or cooking range or stove
D. Nonfunctioning heating (during a period where heat is reasonably necessary) or
electrical system
E. Inoperable electric fixture
F. Broken exterior door or inoperable or missing exterior door lock
G. Broken window with missing glass
H. Inoperable exterior lighting
I. Broken stair or balustrade
J. Inoperable or missing smoke detector required by code
K. Inoperable required fire sprinkler system (if smoke detectors are not present or
operating)
L. Inoperable required fire sprinkler system (if smoke detectors are installed and
operable)
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M. Broken or leaking water pipes causing an imminent threat to life, safety or
health
N. Other broken or leaking water pipes
O. Disconnection of electrical, water or natural gas service caused by property
owner
The division shall establish repair period standards based on the severity of the failures identified
above. The tenant shall grant the property owner reasonable access to perform the repairs
required in this section.
18.96.120: VIOLATIONS
Violations of this chapter shall be enforced pursuant to Sections 18.50.100 and 18.50.110.
18.96.130: RETALIATORY CONDUCT PROHIBITED:
A. Except as provided in this section and section 57-22-4, Utah Code Annotated, a
property owner may not terminate a rental agreement or bring or threaten to bring an eviction
action because the tenant has in good faith:
1. Complained of code violations at the premises to a governmental agency,
elected representative or public official charged with responsibility for enforcement of a
building, housing, health or similar code;
2. Complained of a building, housing, health or similar code violation or an
illegal property owner practice to a community organization or the news media;
3. Sought the assistance of a community organization or the news media to
remedy code violation or illegal property owner practice;
4. Requested the property owner to make repairs to the premises as required
by this chapter, a building or health code, other regulation, or the residential rental
agreement;
5. Become a member of a tenants' union or similar organization;
6. Testified in any court or administrative proceeding concerning the
condition of the premises; or
7. Exercised any right or remedy provided by law.
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SECTION 20. Amending the text of Salt Lake City Code Chapter 21A.20. That Chapter
21A.20 of the Salt Lake City Code (Zoning: Enforcement) shall be, and hereby is amended as
follows:
21A.20.010: RESERVED
21A.20.020: COMPLAINTS REGARDING VIOLATIONS:
A civil enforcement officer may investigate any complaint alleging a violation of this title and
take such action as is warranted in accordance with the procedures set forth in this chapter.
21A.20.030: PROCEDURES UPON DISCOVERY OF VIOLATIONS:
A. If the civil enforcement officer finds that any provision of this title is being
violated, the civil enforcement officer may provide a written warning notice to the property
owner and any other person determined to be responsible for such violation. The written notice
shall indicate the nature of the violation and order the action necessary to correct it. Additional
written notices may be provided at the civil enforcement officer's discretion.
B. The written warning notice shall state what action the building services division
intends to take if the violation is not corrected. The written notice shall include information
regarding the established warning period for the indicated violations and shall serve to start any
warning periods provided in this chapter.
C. Such written warning notice issued by the civil enforcement officer, if issued,
shall be deemed delivered when:
1. A copy of the written notice is posted on the property where said violation(s)
occur, and
2. The written notice is either:
a. Mailed certified mail or using any reputable mail tracking service that is
capable of confirming delivery to the property owner at the last known address appearing
on the records of the Salt Lake County Recorder and any other person determined to be
responsible for such violation, at their last known address, or
b. Personally served upon the property owner and any other person
determined to be responsible for such violation.
D. In cases when delay in enforcement would seriously threaten the effective
enforcement of this title, or pose a danger to the public health, safety or welfare, the civil
enforcement officer may seek enforcement without issuing a warning notice and may proceed
directly to issuing a notice and order as set forth in Subpart E.
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A. Upon discovery of a violation of this title, or if the violation remains uncorrected
after expiration of the warning period set forth in the warning notice, if issued, the civil
enforcement officer may issue a notice and order.
1. The written notice and order shall state:
a. The name and address, if known, of the responsible party;
b. The date and location of each violation;
c. The code sections violated;
d. That the violations must be corrected;
e. Provide a specific date by which the enforcement official orders
that the violations be corrected by;
f. The amount of the civil fine to accrue for each violation, or other
enforcement action that the enforcement official intends to pursue, if the violation
is not corrected by the date specified;
g. Identification of the right to and procedure to appeal; and
h. The signature of the enforcement official.
2. The enforcement official shall serve the notice and order on the
responsible party by:
a. Posting a copy of the written notice and order on the noncompliant
property, and
b. By mailing the notice and order through certified mail or reputable
mail tracking service that is capable of confirming delivery. If the responsible
party is the property owner of record, then mailing shall be to the last known
address appearing on the records of the Salt Lake County Recorder. If the
responsible party is any other person or entity other than the owner of record, then
mailing shall be to the last known address of the responsible party on file with the
city.
c. Notwithstanding the foregoing, personal service upon the
responsible party shall be sufficient to meet the notice and order service
requirements of this Subsection 21A.20.030.E.2.b.
B. Following the issuance of a notice and order, any responsible party shall correct
the violations specified in the notice and order. Upon correction of the violations specified in the
notice and order, the responsible party shall contact the enforcement official identified in the
notice and order to request an inspection of the property.
C. If one or more violations are not corrected by the deadline specified in the notice
and order, civil fines shall accrue at the rate set forth in Section 21A.20.040. Accumulation of
civil fines for violations, but not the obligation for payment of civil fines already accrued, shall
stop upon correction of the violation(s) once confirmed through an inspection requested pursuant
to Subsection E.
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D. The responsible party shall have the right to contest the notice and order at an
administrative hearing in accordance with Chapter 21A.16. Failure to timely request an
administrative hearing and pay the administrative hearing fee set forth in the Salt Lake City
consolidated fee schedule shall constitute a waiver of the right to a hearing and a waiver of the
right to appeal.
E. Upon expiration of the citation period set forth in a notice and order, and where
the violation(s) remain uncorrected, the city may record on the noncompliant property with the
Salt Lake County Recorder’s Office a notice of noncompliance. The recordation of a notice of
noncompliance shall not be deemed an encumbrance on the noncompliant property but shall
merely place interested parties on notice of any continuing violation of this title at the
noncompliant property. If a notice of noncompliance has been recorded and the enforcement
official later determines that all violations identified in the notice of noncompliance have been
corrected, the enforcement official shall issue a notice of compliance by recording the notice of
compliance on the property with the Salt Lake County Recorder’s Office. Recordation of the
notice of compliance shall have the effect of canceling the recorded notice of noncompliance.
F. If the city files an action for injunctive relief seeking abatement of one or more
violations and the district court authorizes the abatement of one or more violations and the city
incurs costs and the costs are not paid, a lien or garnishment may be placed to recover the costs
and may be considered an encumbrance on the property.
21A.20.040: CIVIL FINES:
A. General: If the violations are not corrected by the citation deadline, civil fines shall
accrue at $50 a day per violation for those properties legally used for purposes that are
solely residential uses, and $200 a day per violation for those properties used for
purposes that are not residential uses.
B. Affordable housing incentives per 21A.52.050: If the violation(s) are not corrected by the
citation deadline, civil fines shall accrue at the rate set in the Consolidated Fee Schedule
per day per violation. If the violation(s) include renting an affordable rental unit in excess
of the approved rental rate then an additional monthly fine shall accrue that is the
difference between the market rate of the unit and the approved rental rate that is agreed
to by the applicant at the time of approval for a project using the incentives.
C. Failure to obtain certificate of appropriateness pursuant to Section 21A.34.020: For
development or any building activity on properties subject to Section 21A.34.020 without
a certificate of appropriateness, if such violation is not corrected by the citation deadline,
civil fines shall accrue at $50 per day, except that the fine for full or partial demolition of
a contributing structure or landmark site without a certificate of appropriateness shall be
$250 per day.
21A.20.050: DAILY VIOLATIONS:
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Each day a violation continues after the citation deadline shall be considered a separate offense
and give rise to a separate civil fine. Accumulation of civil fines for violations, but not the
obligation for payment of civil fines already accrued, shall stop upon correction of the violation.
21A.20.060: COMPLIANCE:
The city may use such lawful means as are available to obtain compliance with the provisions of
this title and to collect the civil fines that accrue as a result of the violation of the provisions of
this title, including a legal action to obtain one or more of the following: an injunction, an order
of mandamus, an order requiring the property owner or occupant to abate the violations, an order
permitting the city to enter the property to abate the violations, and a judgment in the amount of
the civil fines accrued for the violation, including costs and attorney fees. The city has sole
discretion over which remedy or combination of remedies it may choose to pursue.
Violations of the provisions of this title or failure to comply with any of its requirements are
punishable as a Class C misdemeanor upon conviction.
21A.20.070: RECURRING VIOLATIONS:
In the case where a violation, which had been corrected, reoccurs at the same property within 6
months of the initial correction and is due to the actions or inactions of the same person or
property owner as the prior violation(s), the building services division may begin enforcement of
said recurring violation by sending by certified mail or reputable mail tracking service that is
capable of confirming delivery a notice and order in the form described in Subsection
21A.20.030.E of this chapter. Civil fines set forth in Section 21A.020.040 of this chapter will
begin accruing if the violation is not remedied within 10 calendar days of the citation deadline
contained in that notice.
21A.20.080: APPEALING CIVIL FINES TO A FINES HEARING OFFICER:
A. Powers and Duties of Fines Hearing Officer: The fines hearing officer, appointed
pursuant to Section 21A.06.090 of this title, may hear and decide appeals of civil fines imposed
pursuant to this chapter. As set forth in this section, the fines hearing officer may reduce civil
fines and approve civil fine payment schedules.
B. Right to Appear: Any person receiving a notice of violation may appear before a
fines hearing officer to appeal the amount of the civil fine imposed by submitting a civil fine
appeal on a form provided by the building services division. However, no party may appear
before a fines hearing officer until violations from which the civil fines stemmed have been
corrected and a notice of compliance has been issued. Appeals to a fines hearing officer
contesting the amount of the civil fine imposed, must be filed within 30 days from the date of the
notice of compliance.
C. Responsibility: Commencement of any action to remove or reduce civil fines shall
not relieve the responsibility of any person cited to correct the violation or make payment of
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subsequently accrued civil fines nor shall it require the city to reissue any of the notices required
by this chapter.
D. Reduction of Civil Fine: Civil fines may be reduced at the discretion of the fines
hearing officer after the violation is corrected from which the civil fines stemmed and if any of
the following conditions exist:
1. The violation pertains to landscaping, in which case the time for payment
and correction of landscaping violations may be abated from October 15 through the next
April 1, or such other times as caused by weather conditions adverse to successful
landscaping;
2. Strict compliance with the notice and order would have caused an
imminent and irreparable injury to persons or property;
3. The violation and inability to correct the same were both caused by a force
majeure event such as war, act of nature, strike or civil disturbance;
4. A change in the actual ownership of the property was recorded with the
Salt Lake County Recorder's Office after the first or second notice was issued and the
new property owner is not related by blood, marriage or common ownership to the prior
owner; or
5. Such other mitigating circumstances as determined by the fines hearing
officer.
E. Payment Schedule: At the request of a person subject to civil fines governed by
this chapter, the fines hearing officer may approve a payment schedule for the delayed or
periodic payment of the applicable civil fine to accommodate the person's unique circumstances
or ability to pay.
F. Failure to Submit Payment on Payment Schedule: If a payment schedule has been
developed by the fines hearing officer, the failure by a person owing civil fines to submit any
two (2) payments as scheduled shall cause the entire amount of the original civil fine to become
immediately due.
21A.20.090: NOTICE OF CITY'S INTENT TO ABATE ZONING VIOLATIONS:
A. If the city obtains a court order permitting entry on the property for the purpose of
abating zoning violations, the building services division shall provide written notice of that order
to the property owner of record at the address on file with the Salt Lake County Recorder.
B. The notice shall: 1) identify the property owner of record according to the records
of the Salt Lake County Recorder, 2) describe the property and the violations the court order
permits the building services division to enter the property to abate, 3) attach a copy of the court
order, and (4) inform the property owner when the abatement is scheduled to occur.
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C. Notice may be delivered in person, or by certified mail, or by reputable mail
tracking service that is capable of confirming delivery, if mailed to the last known address of the
property owner according to the records of the Salt Lake County Recorder.
21A.20.100: COLLECTION OF THE COSTS OF ABATEMENT:
A. If the building services division or an agent thereof enters a property to abate a
violation pursuant to a court order, as set forth in Section 21A.20.090 of this chapter, the
building services division may collect the cost of that abatement, by filing a property tax lien, as
set forth in this section.
B. Upon completion of abatement work, the building services division shall prepare
an itemized statement of costs and mail it to the property owner by certified mail or by any
reputable mail tracking service that is capable of confirming delivery, demanding payment
within 30 days of the date the statement is post marked.
C. The itemized statement of costs shall:
1. Include:
a. The address of the property at issue;
b. An itemized list of all expenses incurred by the building services
division, including administrative costs;
c. A demand for payment; and
d. The address where payment is to be made;
2. Notify the property owner:
a. That failure to timely pay the expenses described in the itemized
statement may result in a lien on the property in accordance with this chapter and
Utah Code section 10-11-4 or its successor;
b. That the property owner may file a written objection to all or part
of the statement within 20 days of the date the statement is postmarked; and
c. Where the property owner may file the objection, including the
name of the office and the mailing address.
D. The itemized statement of costs described in subsection C of this section shall be
deemed delivered when mailed by certified mail or by any reputable mail tracking service that is
capable of confirming delivery addressed to the last known address of the property owner,
according to the records of the Salt Lake County Recorder.
E. If the property owner files a timely objection, the building services division will
schedule a hearing in accordance with title 52, chapter 4 of the Utah Code (Open and Public
Meetings Act), and will mail or deliver to the property owner prior to the hearing a notice stating
the date, time, and location of the hearing.
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F. At the hearing described in subsection E of this section, a fines hearing officer
shall review and determine the actual cost of abatement incurred by the building services
division in abating the property, including administrative costs. The property owner must pay
any amount the fines hearing officer determines is due and owing to the Salt Lake City Treasurer
at the address provided in the statement of costs within 30 days of the date of the hearing.
G. If the property owner fails to make payment of the amount set forth in the
itemized statement within 30 days of the date of the mailing of that statement, or to file a timely
objection, then the building services division may certify the past due costs and expenses to the
Salt Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-
11-4 or its successor.
H. If the property owner files a timely objection but fails to make payment of any
amount found due and owing under subsection F of this section within 30 days of the date of the
hearing, the building services division may certify the past due costs and expense to the Salt
Lake County Treasurer and the Treasurer will proceed as set forth in Utah Code section 10-11-4.
I. After entry by the Treasurer of the County, as set forth in subsections G and H of
this section the amount entered shall be a nonrecurring notice charge as defined in Utah Code 11-
60-102, is a lien on the property, and shall be collected by the Salt Lake County Treasurer at the
time of the payment of general taxes.
J. Notwithstanding any other provision in this chapter to the contrary, where the
property owner presents evidence demonstrating financial hardship to the satisfaction of the
building services division, the building services division may waive some or all administrative
fees and the actual costs incurred in abating the property if the property abated is the property
owner's principal place of residence.
SECTION 21. Amending the Text of Salt Lake City Code Section 21A.62.040. That Section
21A.62.040 of the Salt Lake City Code (Zoning: Definitions: Definitions of Terms), shall be and
hereby is amended as follows:
a. Adding the definition of “CITATION DEADLINE.” That the definition of
“CITATION DEADLINE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
CITATION DEADLINE: the date identified in the notice and order to correct the
violation(s) identified therein.
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b. Adding the definition of “CIVIL ENFORCEMENT OFFICER.” That the definition
of “CIVIL ENFORCEMENT OFFICER” be added and inserted into the list of
definitions in alphabetical order to read as follows:
CIVIL ENFORCEMENT OFFICER: an employee of Salt Lake City’s Division of
Building Services, or successor division, authorized to perform civil enforcement
functions, or any duly authorized agent, representative, or designee.
c. Adding the definition of “NOTICE OF COMPLIANCE.” That the definition of
“NOTICE OF COMPLIANCE” be added and inserted into the list of definitions in
alphabetical order to read as follows:
NOTICE OF COMPLIANCE: a written notice informing the person cited that the
violation has been corrected.
d. Adding the definition of “PERSON CITED.” That the definition of “PERSON
CITED” be added and inserted into the list of definitions in alphabetical order to read
as follows:
PERSON CITED: the property owner, property owner's agent, tenant or occupant of any
building or land or part thereof and any architect, builder, contractor, agent or other
person who participates in, assists, directs or creates any situation that is contrary to the
requirements of this title, and who received the notice of violation and is being held
responsible for the violation.
e. Adding the definition of “PROPERTY OWNER.” That the definition of
“PROPERTY OWNER” be added and inserted into the list of definitions in
alphabetical order to read as follows:
PROPERTTY OWNER: any person who, alone or jointly or severally with others, holds
legal title to the property at issue.
133
SECTION 22. Amending the text of Salt Lake City Code Section 2.07.020. That Section
2.07.020 of the Salt Lake City Code is hereby amended to eliminate the “Housing advisory and
appeals board” therefrom as follows:
2.07.020: CITY BOARDS AND COMMISSIONS NAMED:
For the purpose of this chapter the term "city board" or "board" means the following city boards,
commissions, councils, and committees:
Accessibility and disability commission
Airport board
Board of appeals and examiners
Business advisory board
Citizens' compensation advisory committee
City and county building conservancy and use committee
Community development and capital improvement programs advisory board
Community recovery committee
Fire code board of appeals
Golf enterprise fund advisory board
Historic landmark commission
Housing trust fund advisory board
Human rights commission
Library board
Parks, natural lands, trails, and urban forestry advisory board
Planning commission
Public utilities advisory committee
Racial equity in policing commission
Salt Lake art design board
Salt Lake City arts council board
Salt Lake City sister cities board
Transportation advisory board
134
SECTION 23. Repealing Salt Lake City Code Chapter 2.21. That Chapter 2.21 of the Salt
Lake City Code (Housing Advisory and Appeals Board) shall be, and hereby is repealed in its
entirety as follows:
2.21.010: GENERAL PROVISIONS:
The provisions of chapter 2.07 of this title shall apply to the housing advisory and appeals board
except as otherwise set forth in this chapter. (Ord. 67-13, 2013)
2.21.020: CREATION AND MEMBERSHIP:
A. The city creates a housing advisory and appeals board ("HAAB").
B. HAAB shall be comprised of ten (10) members from among the qualified electors of the
city in a manner providing balanced geographical, professional, neighborhood and
community representation.
C. The HAAB chair or vice chair may not be elected to serve consecutive terms in the same
office. The secretary of HAAB shall be designated by the building official.
D. The expiration of terms shall be staggered with no more than three (3) terms expiring in
any one year. Expiration of terms shall be on December 31.
2.21.030: POWERS AND AUTHORITY:
HAAB shall have the power and authority to:
A. Apply the provisions of Title 5, Chapter 5.14 and Title 18, Chapter 18.50 of this code;
B. Hear and decide appeals as specified in Title 5, Chapter 5.14 and Title 18, Chapter 18.50
of this code;
C. Modify the impact of specific provisions of Title 5, Chapter 5.14 and Title 18, Chapter
18.50 of this code, where strict compliance with the provisions is economically or
structurally impracticable and any approved alternative substantially accomplishes the
purpose and intent of the requirement deviated from;
D. Conduct housing impact hearings pursuant to Title 18, Chapter 18.64 of this code;
E. Recommend new procedures to the building official and new ordinances regarding
housing to the city council; and
F. Hear and decide appeals as specified in Title 18, Chapter 18.48 of this code.
135
2.21.040: HAAB PANELS:
Unless otherwise determined appropriate by the chair, HAAB may exercise any of its
responsibilities under title 5, chapter 5.14, or title 18, chapter 18.50 of this code in panels of five
(5) voting members appointed by the chair. (Ord. 65-15, 2015)
SECTION 24. Amending the text of Salt Lake City Code Section 2.80.040. That Section
2.80.040 of the Salt Lake City Code (Housing Trust Fund Advisory Board: Fund Created) shall
be, and hereby is amended as follows:
2.80.040: FUND CREATED:
There is created a restricted account within the general fund, to be designated as the "Salt Lake
City housing trust fund" (the "fund"). The fund shall be accounted for separately within the
general fund, and the fund shall be used exclusively to assist with affordable and special
needs housing in the city. No expenditures shall be made from the fund without approval of the
city council.
A. There shall be deposited into the fund all monies received by the city, regardless
of source, which are dedicated to affordable housing and special needs housing including, but not
limited to, the following:
1. Grants, loan repayments, bonuses, entitlements, mitigation fees,
forfeitures, donations, redevelopment tax increment income, and all other monies
dedicated to affordable and special needs housing received by the city from federal, state,
or local governments;
2. Real property contributed to or acquired by the city under other ordinances
for the purposes of preserving, developing, or restoring affordable housing;
3. Monies appropriated to the fund by the council; and
4. Contributions made specifically for this purpose from other public or
private sources.
5. CDBG, ESG, and HOPWA monies only as designated by the city's
community development advisory board and approved by the mayor and city
council, and HOME monies only as designated by the city's housing trust fund advisory
board and approved by the mayor and city council.
B. The monies in the fund shall be invested by the city treasurer in accordance with
the usual procedures for such special accounts. All interest or other earnings derived from fund
monies shall be deposited in the fund.
136
SECTION 25. Amending the text of Salt Lake City Code Subsection 5.14.120.B.2. That
Subsection 5.14.120.B.2 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Amount of Penalty) shall be, and hereby is amended as follows:
2. Amount of Penalty: Civil penalties shall accrue as follows:
a. Violations of the self-certification standards established by the City: $50.00
per violation per day. If more than 10 violations exist, the daily penalties shall
double.
SECTION 26. Amending the text of Salt Lake City Code Subsection 5.14.120.B.6. That
Subsection 5.14.120.B.6 of the Salt Lake City Code (Rental Dwellings: Enforcement: Civil
Penalties: Appeals) shall be, and hereby is amended as follows:
6. Appeals:
a. Appeals Contesting the Existence of a Violation:
(1) Appeals contesting the existence of the violation must be done in
accordance with Section 18.12.030.
b. Appeals Contesting the Amount of the Penalties Imposed: any person
receiving a notice of violation may appeal the civil fines imposed, but not the
basis therefor (which must be done pursuant to Subsection 5.14.120.B.6.a), in
accordance with Section 18.12.050.
SECTION 27. Repealing Salt Lake City Code Section 5.14.125. That Section 5.14.125 of
the Salt Lake City Code (Housing Advisory and Appeals Board Appellate Process Details) shall
be, and hereby is repealed in its entirety as follows:
5.14.125: HOUSING ADVISORY AND APPEALS BOARD APPELLATE PROCESS
DETAILS:
A. Filing Of Appeals: Appeals shall be submitted on an appeal form provided by the
building official. The appellant shall state the specific order or action protested and a statement
137
of the relief sought, along with the reasons why the order or action should be reversed, modified
or otherwise set aside.
B. Failure To Appeal: Failure of any person to file an appeal in accordance with the
provisions of this section shall constitute a waiver of the person's right to an appeal.
C.Inspection Of The Premises: Before any hearing is held by a Housing Advisory
and Appeals Board panel, the panel shall inspect the building or premises involved. Prior notice
of such inspection shall be given to the notified party filing the appeal, who may be present at
such inspection. Upon completion of the inspection, the Chairperson of the panel shall state for
the record the material facts observed at the inspection, which facts shall be read at the initiation
of the hearing. Failure of the notified party to provide access without good cause as determined
by the building official shall not constitute a reason for the hearing to be postponed and the
appeal may be denied.
D. Written Notice: Written notice of the time and place of panel hearings shall be
mailed to the appellant in accordance with procedures adopted by the Housing Advisory and
Appeals Board.
E.Appeals Hearing: Any notified party may appear personally or authorize a
designee to act in their behalf. The City and any notified party may call and examine witnesses
on any relevant matter, introduce documentary and physical evidence, and cross examine
opposing witnesses. Any relevant evidence shall be admitted.
F.Record: A record of the entire proceeding of all appellate hearings under this
section shall be made by tape recording, or by any other means of permanent recording
determined to be appropriate by the Housing Advisory and Appeals Board. The record shall be
retained on file in accordance with the City's record retention schedule.
SECTION 28. Amending the Salt Lake City consolidated fee schedule. That the Salt
Lake City consolidated fee schedule shall be, and hereby is, amended, in pertinent part, to reflect
the fees set forth in the attached Exhibit A, and that a copy of the amended Salt Lake City
consolidated fee schedule shall be published on the official Salt Lake City website.
SECTION 29. Effective Date. That this ordinance shall become effective on the date of
its first publication.
138
___________________________
atherine D. Pasker, Senior City Att
Passed by the City Council of Salt Lake City, Utah this day of 2024.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
(SEAL)
Bill No. of 2024.
Published:
Ordinance amending Title 18 administration_v2
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:March 11, 2024
By: _
K orney
139
EXHIBIT A
COMMUNITY AND NEIGHBORHOODS (CAN)
Service Fee Additional Information Section
Boarding or Securing of
Buildings
Boarding administrative costs $500 Plus actual costs, see Section
18.48.100
18.48.100
Boarding registration fee $14,000 Per parcel 18.48.215
Boarding registration fee for a
contributing structure or landmark site
$14,850 Per parcel 18.48.215
Other abatement administrative cost $129 Plus actual costs 18.48, 9.36,
21A.20
City maintenance of building $219 Annual, plus actual costs, see Section
18.48.250
18.48.250
Building Code Enforcement
Violation of Title 18 (except Ch. 18.50 or
Stop Work Order)
$100 18.24.030
Violation of Stop Work Order $250 18.24.040.B
Violation of Ch. 18.50
Substandard condition $50 18.50.100.D
Hazardous condition $100 18.50.100.D
Imminent danger condition $250 18.50.100.D
Appeal of a decision to the board of
appeals and examiners
$285 Add’l fee for required public notices 18.12.020
Page | 1
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Vili Lolohea, District Liaison / Policy Specialist
DATE:December 3, 2024
RE: Salt Lake City ADA Self-Evaluation & Transition Plan
ISSUE AT A GLANCE
This memorandum summarizes the findings and recommendations from Salt Lake City’s ADA Self-Evaluation and
Transition Plan. This work assesses the City’s compliance with the Americans with Disabilities Act (ADA) and
identifies key steps to eliminate accessibility barriers in City programs, facilities, and public spaces. This plan is to
meet the goals of the Department of Justice (DOJ), which urges local governments to establish procedures for an
ongoing assessment of their compliance with the ADA's barrier removal requirements. The last plan was in place
in 1993.
Key Findings:
1.City Buildings: 15 facilities assessed, with barriers like inadequate signage, inaccessible entrances, and
non-compliant restrooms.
2.Public Rights of Way:
o 40.1% of sidewalks require grinding.
o 24.44% of curb ramps need upgrading to meet ADA standards.
3.Parks and Golf Courses: Accessibility barriers in 79 parks and 6 golf courses include non-compliant
play structures and ground surfacing.
4.Communication: Citywide need for improved, ADA-compliant signage and digital accessibility.
Recommendations:
To address these barriers, the following actions are proposed:
1.Administrative Actions:
o Regularly evaluate ADA compliance in programs and policies.
o Adopt Web Content Accessibility Guidelines (WCAG) for all digital content.
o Train staff and provide timely updates on ADA initiatives.
2.Collaborative Actions:
o Work with disability stakeholders, including the Accessibility and Disability Commission.
Item Schedule:
Briefing: December 3, 2024
Action: December 10, 2024
Public Hearing: January 7, 2025
Potential Action: TBD
Page | 2
o Develop a data dashboard to monitor Transition Plan progress.
o Create evidence-based design guides for long-term accessibility improvements.
3.Legislative and Budgetary Actions:
o Allocate funding for high-priority barrier removal.
o Increase budgets for sidewalk, curb ramp, and pathway upgrades.
o Implement ADA standards and best practices for all new construction and renovations.
o Fund citywide signage assessments and improvements.
Attachments:
1 - Full ADA Self-Evaluation and Transition Plan
2 - Appendix A: ADA Liaison List
Salt Lake City ADA Self-Evaluation and Transition Plan Executive Summary
Background
The 1990 ADA regulations required local governments to:
evaluate all their services, policies, practices, and facilities,
modify any that did not meet ADA requirements, and
develop a transition plan detailing barrier removal to achieve program access that specified a
completion time (entities with 50+ employees).
A self-evaluation is a comprehensive report of the assessment of a city’s programs, services, activities;
facilities; and current policies, practices and procedures. The self-evaluation identifies and corrects
barriers to program access that are inconsistent with its Title II requirements. Per regulations, this
was to be completed by January 26, 1993. Salt Lake City Corporation completed a self-evaluation on
July 1, 1992.
A transition plan identifies architectural barriers found in the self-evaluation. It outlines how and
when in the following three years (from the time of the self-evaluation) programmatic barriers will be
eliminated. This was to be initiated and accomplished by July 26, 1995. No historical files were found
showing this was initiated or accomplished by Salt Lake City Corporation, with the exception being a
Transition Plan for City public way assets by Engineering every 2 years.
The Department of Justice (DOJ) urges local governments to establish procedures for an ongoing
assessment of their compliance with the ADA's barrier removal requirements. If a complaint is filed
with the DOJ, any consent decree initiated by the DOJ will require a self-evaluation to be done within a
certain timeframe. It is the first document the DOJ asks for during an investigation.
Methodology
The evaluation of the City's services, programs, and activities required participation by every City
department. Departments, through their ADA liaison, completed the evaluation process under the ADA
Coordinator’s guidance. Appendix A lists all participating ADA liaisons.
To complete the Existing Facilities evaluation for priority buildings, parks, and golf courses, an ArcGIS
survey was created using the ADA Checklist for Existing Facilities based on the 2010 ADA Standards for
Accessible Design.
For each location, the survey evaluated:
Priority 1: Accessible approach and entrance
o Parking, Exterior Accessible Route, Curb Ramps, Exterior Ramps, Entrance
Priority 2: Access to goods and services
o Interior Accessible Route, Interior Ramps, Elevators, Signs, Interior Doors (to
conference rooms, etc.), Rooms and Spaces, Seating (Assembly Areas, Non-employee
work surfaces, General), Sales and Service Counters
Priority 3: Access to public toilet rooms
o Accessible Route, Signs, Entrance, Lavatories (The 2010 Standards refer to sinks in toilet
rooms as lavatories.), Soap Dispensers and Hand Dryers, Toilet Stalls
Priority 4: Access to other items such as water fountains and public telephones
o Drinking Fountains, Telephones, Fire Alarm Systems
For each park location, the survey also evaluated:
Play Areas, Sports Courts and Athletic Fields, and Other Available Amenities
Key Findings
1.Building Facilities: 15 City-owned buildings were evaluated, and barriers found include:
inadequate signage, non-compliant restrooms, inaccessible entrances, and pathways.
2.Public Rights of Way (PROW): An inventory of sidewalks and curb ramps revealed significant
areas that do not meet ADA standards. Approximately 40.1% of sidewalks require grinding, and
24.44% of curb ramps need upgrades to meet current ADA criteria.
3.City Parks and Golf Courses: The evaluation of all City-owned parks (79) and golf courses (6)
identified numerous areas requiring improvements. These include the need for accessible play
structures, compliant ground surfacing, and proper signage.
4.Communications and Signage: There is a need for improved signage and communication aids
to ensure that individuals with disabilities can easily access information and navigate City facilities.
Recommendations
To address the identified issues, the following recommendations are proposed for the City Council’s
consideration and support. Some recommendations are administrative in nature, while some are
legislative or require the cooperation of both branches of government:
Continually evaluating all programs, services, and policies.
The implementation of WCAG standards to all digital content on websites, social media, and apps.
Communicating the City’s ADA compliance initiatives through timely updates and staff training.
Working with disability stakeholders, including the City’s Accessibility and Disability Commission,
to improve or implement accessibility measures.
The development of a robust Transition Plan management dashboard for data collection.
The development of an evidence-based Design Best Practices Guide for the public right of way,
facilities, signage, and parks to improve long-term accessibility outcomes.
The development of a city-wide policy that mandates all new construction and major renovations to
comply with the latest ADA standards and the City’s best practices.
The allocation of funding for the removal of high-priority barriers in buildings and parks.
Increasing budget allocations for the repair and upgrade of sidewalks, curb ramps, and pedestrian
pathways.
Funding an assessment and design plan for signage citywide to ensure all City facilities have clear,
compliant, and unified signage that aligns with the City’s branding.
Conclusion
Salt Lake City's commitment to ADA compliance is crucial for fostering an inclusive community. By
supporting these recommendations, the City can ensure that all individuals, regardless of their abilities,
have equal access to public services and facilities. The City Council’s support and action are vital in
driving accessibility initiatives forward, ensuring a more accessible and equitable city for all.
This executive summary provides a strategic overview and actionable policy recommendations aimed at
enhancing Salt Lake City's compliance with ADA standards. For further details and specific findings,
please refer to the complete ADA Self-Evaluation and Transition Plan.
Item B4
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet
Policy Analyst
DATE:December 3, 2024
RE: MOTION SHEET – Jordan River Fairpark District Rezone & Text Amendment
and Development Agreement
Petition No PLNPCM2024-00982
MOTION 1
I move the Council close the public hearing and defer action to a future council meeting.
MOTION 2
I move that the Council continue the public hearing to a future council meeting.
MUNICIPAL SERVICES INTERLOCAL AGREEMENT
This Municipal Services Interlocal Agreement (Agreement) is entered into between Salt
Lake City Corporation, a Utah municipal corporation (City), and the Utah Fairpark Area
Investment and Restoration District, a political subdivision of the State of Utah (Fairpark
District), to be effective as of January 1, 2025 (Effective Date).
A. In 2024, the Utah State legislature passed House Bill 562, the Utah Fairpark Area
Investment and Restoration District (the Act) and created the Fairpark District.
B. As set forth in the Act, the purpose of the Fairpark District is to encourage and
facilitate development within the fairpark district boundary, described and depicted on Exhibit A
(Fairpark District Boundary). The Fairpark District Boundary shall also mean any land included
in the Fairpark District Boundary as permitted by the Act.
C. Among other things, the Act establishes that certain taxes, including but not
limited to enhanced property tax (defined below) that would have otherwise been received by the
City for the City to provide municipal services, largely be redirected to the Fairpark District.
D. The Act requires the City to provide the same municipal services to the Fairpark
District Boundary as the City provides other areas of the City with similar zoning and development
levels.
E. The Act provides that the City shall receive 25% of the enhanced property tax from
the Fairpark District Boundary, which alone does not cover the City’s costs for services. For
example, in 2023, the City’s cost for municipal services in the Fairpark District Boundary was
$1.2 million but the property taxes were approximately $45,000.
F. In order help address this difference in costs, the Act further provides that the City
and Fairpark District enter into this Agreement providing for the Fairpark District to reimburse the
City for the cost of services the City is obligated to provide to the growing development within the
Fairpark District Boundary.
G. With the City receiving a percentage of the City’s property taxes, the City will not
be fully reimbursed for the cost for municipal services, and as such, the City depends on on this
Agreement to help support the cost of necessary municipal services for the Fairpark District
Boundary as it develops, including but not limited to police, fire, transportation, public lands,
and homelessness assistance.
H. The parties enter into this Agreement setting forth the terms of the Fairpark
District’s reimbursement to the City for municipal services.
NOW, THEREFORE, for good and valuable consideration, the parties agree as follows:
(a) Reimbursement. Pursuant to the Act, in addition to the base taxable value
and 25% of the enhanced property tax, the City shall be reimbursed by the Fairpark District an
additional amount to help compensate the City for the cost of municipal services the City provides.
The term “base taxable value” means the taxable value of the land within the Fairpark District
Boundary as of January 1, 2024, determined by the Fairpark District Board and the Salt Lake
County Assessor. The term “enhanced property tax” means the difference between: i) the amount
of property tax revenues generated in a tax year by the City from privately owned land, using the
current assessed value of the Property; and ii) the amount of property tax revenues that would be
generated in the same tax year by the City from that same area using the base taxable value of the
property. The additional percentage of enhanced property tax the City shall be paid to reimburse
the City for municipal services (Enhanced Property Tax Payment), shall be:
(a) Beginning January 1, 2025, and for a period of 5 years, shall be 10%;
(b) Beginning January 1, 2030, and for a period of 5 years, shall be 20%;
(c) Beginning January 1, 2035, and for a period of 5 years, shall be 35%;
(d) Beginning January 1, 2040, and for a period of 5 years, shall be 50%;
(e) Beginning January 1, 2045, and for a period of 5 years, shall be 65%;
(f) Beginning January 1, 2050, and for a period of 5 years, shall be 80%; and
(g) Beginning January 1, 2055, and for the remainder of the Fairpark District,
the City shall receive 100% of the enhanced property tax.
1. Adjustment. The City and Fairpark District may exercise the option to reevaluate
the City’s cost for municipal services for the Fairpark District Boundary and determine if the
Enhaced Property Tax Payment is sufficient to cover the City’s actual costs. If the amount the City
receives through the Enhanced Property Tax Payment is not the same as the actual cost for
municipal services, the parties shall adjust the percentages in Section 1 accordingly through an
amendment to this Agreement. This adjustment cannot be exercised by either party more than once
every three years and may not be exercised after January 1, 2055. Until an amendment is finalized,
the adjustment shall not impact the Fairpark District’s obligation to make the required Enhanced
Property Tax payment to the City.
2. Term. The term of this Agreement shall be from January 1, 2025, until the earlier
of when: i) the Fairpark District terminates the collection of all taxes (including enhanced property
tax), that, if collected by the Fairpark District, preempts the City’s collection of the same tax; or
ii) the Fairpark District dissolves.
3. Enhanced Property Tax Reimbursement and Procedures. The Fairpark District
shall make each annual Enhanced Property Tax Payment by the later of (a) April 30 following the
applicable tax year or (b) 60 days following Fairpark District’s receipt of the enhanced property
tax from Salt Lake County if the Fairpark District does not receive the enhanced property tax until
after March 1. The Fairpark District assumes all risk that the Fairpark District Boundary may not
generate sufficient enhanced property tax to fulfill its objectives.
4. Default. Neither party shall be in default under this Agreement unless such party
fails to perform an obligation required under this Agreement within 30 days after written notice is
given to the defaulting party by the other party, reasonably setting forth the reasons in which the
defaulting party has failed to perform such obligation. If the nature of the defaulting party’s
obligation is such that more than 30 days are reasonably required for performance or cure, the
defaulting party shall not be in default if such party commences performance within such 30-day
period and after such commencement diligently prosecutes such cure to completion, provided that
the maximum additional time to complete such cure is 90 days (or, 120 days in total). In the event
a default under this Agreement remains uncured after the above-described cure period, the non-
defaulting party retains all rights under law and equity. In the event the Fairpark District default is
caused by its failure to pay the annual Enhanced Property Tax Payment and fails to cure such
default as provided in this section, City shall charge Fairpark District a late fee of 10% per annum
of the amount of enhanced property tax due and not received by the City until the outstanding
amount is paid in full.
5. Miscellaneous
(a)Entire Agreement. This Agreement constitutes the entire understanding
between the parties regarding the subject matter of this Agreement. There are no terms,
obligations, covenants, statements, representations, warranties or conditions relating to the
subject matters other than those specifically contained in this Agreement. This Agreement
supersedes all prior oral or written negotiations, agreements and covenants relative to the
subject matters of this Agreement.
(b) Notices. All notices, demands, requests, and other communications
required or permitted hereunder shall be in writing and shall be deemed to be delivered, whether
received or not, three (3) days after deposit by United States mail, registered or certified (or another
commercially acceptable means requiring a return receipt), postage prepaid, addressed as follows:
If to Fairpark District: Fairpark District
Attn:
[Address]
[Address]
Email:
If to City: Salt Lake City Corporation
Attn:
Room [number], City & County Building
451 South State Street
Salt Lake City, UT 84111
Email:
With a copy to: Salt Lake City Attorney’s Office
Attn: City Attorney
451 South State Street, Suite 505A
Salt Lake City, UT 84111
Email:
Such communications may also be given by email, provided any such communication is
concurrently given by one of the above methods. Notices shall be deemed effective upon the
receipt, or upon attempted delivery if the delivery is refused by the intended recipient or if delivery
is impossible because the intended recipient has failed to provide a reasonable means of
accomplishing delivery.
(c) Governing Law. This Agreement is intended to be performed in the State
of Utah, and the laws of Utah shall govern the validity, construction, enforcement and
interpretation of this Agreement.
(d) Amendments. This Agreement may be amended or supplemented only by
an instrument in writing executed by both parties and pursuant to the Interlocal Cooperation Act.
(e)Waiver. No waiver of any of the provisions of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall
any waiver constitute a continuing waiver. No waiver of any of the terms of this Agreement
shall be binding unless reduced to writing and signed by the party or parties sought to be
charged with such waiver.
6. Interlocal Cooperation Act Requirements. In satisfaction of the requirements of
the Interlocal Cooperation Act, §§ 11-13-101 et seq., and in connection with this Agreement, the
parties agree as follows:
(a) This Agreement shall be approved by each party pursuant to § 11-13-
202.5;
(b) This Agreement shall be reviewed as to the proper form and compliance
with applicable law by an authorized attorney on behalf of each party pursuant to § 11-13-202.5;
(c) An executed original counterpart shall be filed with the keeper of records
for each party pursuant to § 11-13-209;
(d) The Term of this Agreement does not exceed fifty (50) years pursuant to §
11-13- 216 of the Interlocal Cooperation Act;
(e) No separate legal entity is created by the terms of this Agreement. No real
or personal property shall be acquired jointly by the parties as a result of this Agreement. To the
extent that a party acquires, holds, or disposes of any real or personal property for use in the joint
or cooperative undertaking contemplated by this Agreement, such party shall do so in the same
manner that it deals with other property of such party; and
(f) Except as otherwise specifically provided herein, each party shall be
responsible for its own costs of any action taken pursuant to this Agreement, and for any
financing of such costs.
[SIGNATURE PAGES FOLLOW]
(f)
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of
the Effective Date.
Salt Lake City Corporation:
Erin Mendenhall, Mayor
Approved as to form:
Salt Lake City Attorney’s Office
____________________________
Attest and countersign:
Salt Lake City Recorder
Utah Fairpark Area Investment and Restoration District:
Benn Buys, Executive Director
EXHIBIT A
TO
MUNICIPAL SERVICES INTERLOCAL AGREEMENT
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM: Nick Tarbet, Policy Analyst
DATE: December 3, 2024
RE:Text Amendment: Northpoint Light Industrial
(M-1A) Zoning District
Petition PLMPCM2024- 00333
PROJECT TIMELINE:
Briefing 1: Sept 3, 2024
Briefing 2: Oct 15, 2024
Briefing 3: Dec 3, 2024
Set Date: Sept 3, 2024
Public Hearing: Oct 1, 2024
Potential Action: Dec. 10. 2024
NEW INFORMATION
At the October 15 work session briefing, the Council did not support removing the 300’ buffer from the
code to be addressed in future development agreements. However, the Council did instruct staff to work
with the administration to come up with potential options for the council to consider about potential
additional allowed uses within the 300’ buffer. Based on that direction, Planning worked with Public
Utilities on the following option for the Council to consider.
The buffer from the River would be divided up into three sections from the annual high-water mark. The
permitted uses are outlined in the tables linked below or in Attachment A.
No Disturbance Area: 0-100 ft.
o No development at all
o Permitted uses are outlined in Area A of Table 21A.34.130-3 (Undeveloped lots)
Structure Limit Area: 100-200 ft
o Very minimal development, like trails, patios, and fencing, allowed.
o Permitted uses are outlined in Area B of Table 21A.34.130-2 (Developed lots)
Buffer Transition Area: 200-300 ft
Page | 3
o Changes to Area C of Riparian Corridor Overlay (RCO), which allows most uses in the
underlying zone as long as they follow all other requirements in the RCO zone
o Permitted uses are outlined in Area C of table 21A.34.130-2 (Developed lots)
Attachment C is the draft ordinance with the potential edits highlighted so they can easily be identified. It
shows the draft language for the buffer changes as well as the edits the Council previously approved:
adding painted texture concrete to the list of allowable building materials and clarifying maximum building
height in relation to the loading dock.
If the Council supports these changes, they will be included in the final draft for potential adoption on
December 10.
PUBLIC COMMENTS
Some have raised a concern with the city’s ability to limit large distributors from building in this area. Staff
believes the design standards, such as maximum lot size and maximum length of blank walls, will
disincentivize the large-scale distributors from building within this zoning district.
Additionally, M-1A zoning permits Wholesale Distribution but not Distribution Centers. Both definitions,
see below, clarify that businesses can allocate part of their building for storage and distribution to
businesses or customers. However, this accessory distribution use must comply with specific requirements
in the code, including the stipulation that it be subordinate in area—meaning the space dedicated to this
use cannot exceed 50% of the total structure.
Wholesale Distribution (permitted in M-1A):
A business that maintains an inventory of materials, supplies and goods related to one or more
industries and sells bulk quantities of materials, supplies and goods from its inventory to
companies within the industry. A wholesale distributor is not a retail goods establishment. The
term "wholesale distribution" does not include accessory distribution that is subordinate and
incidental to a primary land use (e.g., manufacturing, industrial assembly, or other type of primary
commercial or industrial use).
Distribution Center (not permitted in M-1A):
A facility that is used for the receipt of products and the storage, separation, and distribution of
those products on an individual basis to individual end-user consumers. This includes e-commerce
activities. A distribution center is not a retail goods establishment. The term "distribution center"
does not include accessory distribution that is subordinate and incidental to a primary land use
(e.g., manufacturing, industrial assembly, or other type of primary commercial or industrial use).
The following information was provided for the October 15 work session briefing.
WORK SESSION SUMMARY -OCTOBER 15
During the October 1 public hearing a few people spoke. Two individuals who live along 2200 West spoke
about the significant negative impacts they are experiencing due to the warehouse construction going on
west of 2200 West. They said the new zone would ruin agricultural land. Another individual spoke about
how the city can limit distribution and wholesale uses.
Page | 4
The Council closed the public hearing and deferred action to a future meeting.
At the September 3 briefing, the Council directed staff to work with Planning and stakeholders on two
issues:
1. Maximum building height pertaining to docks at below-grade
2. Buffer requirements from the Jordan River: Consider whether there are alternatives or
potential development agreements that can help address the concerns.
Updates to the Ordinance
1. Maximum Height in relation to loading docks: The red underlined text is the new language
Planning staff recommended and stakeholders supported.
Maximum Height: No building shall exceed 40 feet in height. Building height along
loading dock areas may exceed the maximum height limit by 5 feet. The additional height
shall only be allowed below the average elevation of finished grade and the area shall be
excluded from the calculation of the average elevation of finished grade.
2. Included painted texture concrete in the list of allowable building materials
Items for further discussion
Jordan River Buffer
The Council adopted the Northpoint Small Area Plan in November 2023. A development buffer adjacent to
the Jordan River was included in the plan with the following policy direction:
Setback and Buffer Table: 300 ft buffer from the Jordan River in both the Light Industrial and
Transitional areas. (Northpoint Small Area Plan, page 18)
Implementation Items: Require a buffer of 300 feet between wetlands/uplands and any site
development (e.g. buildings, parking, site features, and amenities) within the Northpoint Plan
Area. The Great Salt Lake is a complex and delicate ecosystem, and impact on this habitat area by
new development must be carefully mitigated. A critical part of this mitigation is ensuring an
adequate buffer between development and the wetland/upland ecosystem. Wetlands include both
jurisdictional and non-jurisdictional wetlands. The Plan identifies a 300-foot buffer from wetland
areas. This should be implemented through either an update to the City’s existing Riparian Overlay
Zone or a new Northpoint-specific development code. (Northpoint Small Area Plan, page 35)
The Council has heard from a couple of stakeholders about the buffer’s impact on their property. During
the first briefing, the Council directed staff to work with Planning and stakeholders on concerns expressed
about the buffer.
Cross E. Ranch owns a substantial amount of property adjacent to the Jordan River, technically within
unincorporated Salt Lake County. However, they have expressed interest in annexing into the city and are
part of the Northpoint Annexation, a separate petition that is currently being processed.
Cross E. Ranch contacted city staff to express their concerns about the buffer requirements from the
Jordan River proposed in the zoning amendments. The Northpoint Small Area Plan calls for a 300 ft buffer
from the Jordan River. They’ve expressed support for a buffer for the fist 100 ft from the river, but are
concerned with the additional 200’. They prefer to address the setback concerns via a development
agreement that would allow them to cluster their development area together and then place the traditional
open space, buffer, and landscaping near the river. They recommend the section about buffer yards be
Page | 5
removed and replaced with a development agreement which includes buffers specifically negotiated by the
city and property owner. See Attachment A for their recommended changes to the ordinance.
Based on the feedback from stakeholders and direction from the Council, Planning has provided the
following options for the Council to consider to address concerns about the buffer:
1. Reduce the buffer width to 150' total if the 150' is put into a conservation easement or has a public
access easement. There would have to be a minimum public access easement width of at 50 feet.
2. Remove the transitional buffer (the area between 100’ and 300’) and require development
agreements to negotiate the development of the land while still ensuring community and
environmental benefit goals are met.
3. Modify the allowed uses in the buffer area to generate some financial benefit. Evaluate which uses
could be compatible with the buffer while still providing income. Options might include agriculture,
outdoor recreation, and necessary support buildings.
The following information was provided for the October 1 work session briefing.
During the September 3 briefing, the Council provided direction to staff on the following policy questions.
1. Max height 40 feet. Concern this wouldn't allow for the parapet/screening.
o Response: Current city code (21A.36.020.C) already gives an allowance to do 5' parapet
walls for screening mechanical equipment.
o Council Direction: Yes to keeping as is.
2. Painted vs Tinted concrete. Is it possible to add “painted” in addition to tinted/textured as allowed
types of concrete.
o Response: Planning staff confirmed they would be ok with adding painted concrete.
o Council Direction: Yes to adding “painted concrete” to the ordinance.
3. Blank Wall Standard – request to change from 12” to 8”.
o Proposed Language: The maximum length of any blank wall uninterrupted by windows,
doors, art, or architectural detailing along any ground level street facing facade is 25’.
Changes in plane, texture, materials, scale of materials, patterns, art, or other architectural
detailing are acceptable methods to comply with this standard. The architectural feature
shall be either recessed a minimum of twelve inches (12") or projected a minimum of twelve
inches (12").
o Response: 12" is the City standard that is used in all other districts no matter the building
size. As of now, Planning staff would prefer to keeping it at 12" for consistency in applying
the code for our building services and zoning reviewers, and because 12" will better break
up the wall than 8".
o Council Direction: Yes to keeping at 12 inches.
4. Exclude dock areas from maximum building height since they go below grade.
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o The Constituent is concerned that without this accommodation, the buildings will not
match standard market buildings for interested tenants.
o Response: If the Council is supportive, staff will work with the constituent and planning
staff to develop recommendations for the Council to consider that would address this
concern.
o Council Direction: Yes to working with stakeholder on language. *See below for
additional information.
5. Amend the wetland buffers in this ordinance to be consistent with language that applies to the
Jordan River buffer: “Land within the Jordan River Transitional Buffer Area may count as natural
open space.”
o Response: Planning staff recommends that request is better addressed in the Riparian
Corridor overlay amendments Public Utilities will bring forward.
o Council Direction: Yes to NO change at this time.
6. Remove the buffer requirements from the Jordan River, and work with Cross E Ranch on
alternatives that work for them via a potential development agreement. Cross E Ranch doesn’t
want to create the open areas along the Jordan River in their area because the banks are very high
and potentially dangerous. Cross E Ranch would prefer to cluster the traditional open space,
buffer, and landscaping in their area
o Response - Does the Council want staff to work with planning staff to review and come back
with options for consideration.
o Council Direction: Yes to further discussions with the constituent and come
back to the Council with more information. *See below for additional information.
Additional information
Per Council direction Council and Planning staff reached out with stakeholders who requested changes to
the ordinance for items 4 and 6 above. Those discussions are still ongoing; therefore, staff recommends the
Council continue the public hearing to a future meeting so that if any changes to the ordinance are
proposed, the public will have the opportunity to weigh in on them. Once staff has the potential new
information ready for the Council to review, it will be brought back for discussion in a work session.
The following information was provided for the September 3 work session briefing.
ISSUE AT-A-GLANCE
The Council will receive a briefing about a proposal that would amend various sections of the Salt Lake City
Code creating a new section 21A.28.040 Northpoint Light Industrial (M-1A) Zoning District. This Council
initiated petition would create a new zoning district that would help implement the vision and goals of the
Northpoint Small Area plan adopted by the Council in November 2023.
The new zoning district would provide an environment for light industrial, office, and research uses, while
reducing the impact on adjacent agricultural and residential properties and native habitats.
The Planning Commission reviewed the petition and forwarded a positive recommendation. In the motion,
the Planning Commission requested that any land use involving hazardous waste or medical waste be
prohibited. As noted in the Transmittal letter, Planning Staff reviewed the land use tables and confirmed
that such uses are not proposed in the current draft ordinance.
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ADDITIONAL INFORMATION
Purpose Statement - The purpose of the Northpoint District is to protect sensitive lands and wildlife
habitat surrounding the Great Salt Lake shore lands and the Jordan River while providing an environment
for light industrial, office, and research uses that produce minimal impact on adjacent residential and
agricultural properties. This district is appropriate within the Northpoint Small Area Plan boundaries. The
district promotes a high standard of building design quality, open space preservation, and protection of
sensitive lands and waterways
Land Uses
The following summary of uses is outlined on page 4 of the Planning Commission staff report.
The land use table is significantly pared down from the M-1 Light Industrial Zoning District, excluding
many uses that would be inappropriate for the area. Prohibited uses include kennels/pounds,
raising of furbearing animals, bottling plants, check/payday loan businesses, community correctional
facilities, commercial laundry facilities, outdoor recycling processing centers, rock and gravel storage
and distribution, and vehicle auctions, package delivery service and distribution centers.
Allowed Uses include primarily agriculture, light industrial, office, manufacturing uses, and some retail
services.
Development and Design Standards
The following table outlines the Development and Design standards as well as Modification standards
outlined on pages 4-7 of the Planning Commission staff report
Summary of Development Standards
Max lot size
Maximum lot size is 10 acres, but larger lots may be approved if 20% of
the area of the lot to be modified is preserved as natural open space on
the development site. See the section below titled Allowed Modifications
for more information on modifications to
the standards.
Max Height Buildings cannot exceed 40 feet in height.
Building Size Limitations Maximum building footprint is 100,000 square feet, with potential
for increased size if the property owner incorporates sustainability
measures such as additional open space preservation, a green roof, or
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electric vehicle parking. See the section below titled Allowed
Modifications for more information on modifications to the
standards.
Setbacks and Buffers
Additional Setback:
Jordan River Buffer
Building setback requirements for the front and corner side yard is 20’,
and the rear and interior side yards is 15’, with additional setbacks from
residential structures and specific buffer requirements along the Jordan
River.
New development must be 65’ from principal residential structures on
neighboring properties, and vehicle laneways used to access a
development site must be setback 30’ from principal residential
structures on neighboring properties.
The Jordan River has a 300’ buffer from the annual highwater line. The
first 100’ is a strict no-disturbance buffer and no construction or
development activities will be permitted in this area. The remaining 200’
of the buffer area (the area between 100’ and 300’) is designated as the
Transitional Buffer Area. This allows the buffer width to be reduced in
some areas if a greater buffer is provided elsewhere. The modified buffer
must maintain the total required buffer area, foot for foot, and must be
contiguous with the No-Disturbance Buffer.
Landscaping Requirements include water wise landscaping and prevention of noxious
weeds to protect adjacent sensitive lands.
Trees
Trees are required along all property lines at a rate of 1 tree per 30 feet
of property line, however, due to concerns with the unique drainage
conditions in the area, trees can be spaced irregularly or clustered. When
abutting a residential use, the amount of trees required is increased to 1
tree for every 15 feet of property line and must be placed every 15 feet for
the length of the residential use and within 30 feet of the residential use.
Design Standards
Building Façade Length Limiting building facade length along 2200 West to 250 feet.
Maximum Length of Blank
Walls
The maximum length of any blank wall uninterrupted by windows,
doors, art, or architectural detailing along any ground level street facing
facade is 25’.
Page | 9
Building Materials
Specifying building materials to ensure they are compatible with the
natural environment. Brick, natural stone, wood, and tinted/textured
concrete are appropriate materials. Stucco, including EIFS, is limited to
architectural detailing surfaces and articulation. Exterior plastic vinyl
siding or any reflective or polished materials are prohibited.
Roofs
Implementing roof specifications to mitigate the heat island effect. Light
reflective roofing material with a minimum solar reflective index (SRI)
of 82 is required for all roofs.
Bird-safe Glass Treatments
For any building elevation with more than 10% glass, a minimum of 90%
of all glass shall be treated with applied films, coatings, tints, exterior
screens, netting, fritting, frosted glass, or other means to reduce the
number of birds that may collide with the glazing. Any treatment must
create a grid pattern that is equal to or smaller than 2 inches wide by 4
inches tall. Mirrored or highly reflective glass is prohibited.
Dark Sky Lighting Standards
All lighting on the property, including lighting on the buildings, parking
areas, and for signs shall be shielded to direct light down and away from
the edges of the property to eliminate glare or light into adjacent
properties and have cutoffs so that no light is emitted and/or reflected
above the horizontal plane of the fixture.
Fence Guidelines
To minimize impacts on wildlife, fences shall have a visually open design
with at least 50% of the fence open for the continuous length of the
fence.
Stormwater Retention
Retention of the 80th percentile storm is required for all new and
redevelopment projects greater than 1 acre. Detention shall be provided
to ensure stormwater discharge does not exceed 0.2 cfs per acre, or less,
to match pre-development flows, as identified in the area stormwater
master plan.
Modification of Standards
Maximum Lot Area
Approval for lots larger than 10 acres may be granted, provided the
buildings and structures are grouped and a minimum of 20% of the area
to be modified is designated as natural open spaced on the development
site. Required setback yards and disconnected small areas of open space
scattered throughout the site do not count toward the 20%, but any
required wetland, canal, or other riparian buffers may be included.
Maximum Building Façade
Length
The maximum building façade length of 250 feet along
2200 West may be increased if more natural open space is provided on
the development site. The maximum building façade length may
increase at a ratio of 20 feet per 5% of the total site dedicated as natural
open space. The natural open space dedicated and permanently
protected on site shall be no less than 7,000 SF, and to the greatest
extent possible, shall be contiguous.
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Maximum Building Footprint
Electric Vehicle
Parking
Sustainable Roof
Designation of
Natural Open Space
Public Amenities:
Stormwater
All electric property
The maximum footprint of a new building (100,000 SF)
may be increased by complying with one or more of the options below.
No more than an
additional 100,000 square feet in building footprint will be permitted for
an overall
maximum building size of 200,000 SF.
Provide a minimum of 10 electric vehicle parking spaces
with a rate of 10,000 SF of additional footprint per 10 EV stalls.
At least 30% of the roof area shall be devoted to either solar
panels or a green roof, or a combination of the two in exchange for
40,000 SF of
additional footprint.
Additional open space designation on the
development site at a rate of 1 square foot of building square footage for
1 square
foot of open space preserved.
Inclusion of a privately-owned public pathway, trail, or
greenway connecting to or through natural open space areas with a rate
of 10,000
SF per 1,000 SF of linear feet of trail, or 25,000 SF per trailhead.
Providing full retention of stormwater with no release to the public
storm drain system for 50,000 SF of additional footprint, or providing
stormwater
detention to the effect that no more than 0.1 cfs/acre is discharged from
the 100-
year 3-hour storm for 35,000 SF of additional footprint.
The site is developed as an all-electric property for an
additional 50,000 SF of additional footprint.
Key Considerations
Planning staff discusses in depth two key considerations on pages 7 -10 of the planning commission staff
report. Below is a short summary of the discussion, Please see those pages for full analysis.
1. How the Proposal Helps Implement City Goals & Policies Identified in Adopted Plans
Staff found the text amendment was consistent with the goals and policies outlined in Plan
Salt Lake such as Economy, Natural Environment and Growth. Additionally, they found
text amendment aligns with the goals and vision of the newly adopted Northpoint Small Area plan.
Page | 11
1. Public Input and Code Changes
Staff made many substantive changes to the draft ordinance based on feedback from the
public. These include changes to the land use table, maximum lot size, vehicle laneways and
location of trees.
Potential Amendments
After the Planning Commission forwarded their recommendation, some stakeholders reached out to
Council Member Petro and staff to raise concerns and questions they have about the proposed ordinance.
Staff was able to review and respond to some of the questions. For the others which do not yet have a
response, staff is asking if the Council supports working with the constituent and planning staff to come up
with potential changes that would address their concerns.
Questions with Responses
1.Max height 40 feet. Concern this wouldn't allow for the parapet/screening.
o Response: Current city code (21A.36.020.C) already gives an allowance to do 5' parapet
walls for screening mechanical equipment.
2.Painted vs Tinted concrete. Is it possible to add painted in addition to tinted/textured concrete.
o Response: Planning staff confirmed they would be ok with adding painted.
3.Blank Wall Standard – change to 8’ instead of 12’.
o The maximum length of any blank wall uninterrupted by windows, doors, art, or
architectural detailing along any ground level street facing facade is 25’. Changes in plane,
texture, materials, scale of materials, patterns, art, or other architectural detailing are
acceptable methods to comply with this standard. The architectural feature shall be either
recessed a minimum of twelve inches (12") or projected a minimum of twelve inches (12").
o Response: 12" is the City standard that is used in all other districts no matter the building
size. As of now, Planning staff would prefer to keeping it at 12" for consistency in applying
the code for our building services and zoning reviewers, and because 12" will better break
up the wall than 8".
Questions for further discussion
1.Exclude dock areas from maximum building height since they go below grade.
o The Constituent is concerned that without this accommodation, the buildings will not
match standard market buildings for interested tenants.
o Response: If the Council is supportive, staff will work with the constituent and planning
staff to develop recommendations for the Council to consider that would address this
concern.
2.Amend the wetland buffers in this ordinance to be consistent with language that applies to the
Jordan River buffer: “Land within the Jordan River Transitional Buffer Area may count as natural
open space.”
o Response: Planning staff recommends that request is better addressed in the Riparian
Corridor overlay amendments Public Utilities will bring forward.
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Project Title: Northpoint Light Industrial (M-1A)
Zoning District
Petition No.: PLMPCM2024-00333
Version: 4
Date Prepared: November 19, 2024
Planning Commission Action: Recommended 6/12/2024
This proposed ordinance makes the following amendments to Title 21A (for summary purposes
only):
Creates a new section 21A.28.040 Northpoint Light Industrial (M-1A) Zoning District.
Makes changes to associated code sections (parking, landscaping, etc.) to implement the
proposed zone.
Underlined text is new; text with strikethrough is proposed to be deleted. Modifications made
after the Planning Commission recommendation are highlighted in yellow. All other text is
existing with no proposed change.
1 1. Adopts a new Section 21A.28.040 to create the Northpoint Light Industrial Zoning District
2 (M-1A) as follows:
3
4 21A.28.040 NORTHPOINT LIGHT INDUSTRIAL ZONING DISTRICT (M-1A)
5
6 A. Purpose Statement: The purpose of the Northpoint District is to protect sensitive lands
7 and wildlife habitat surrounding the Great Salt Lake shore lands and the Jordan River
8 while providing an environment for light industrial, office, and research uses that
9 produce minimal impact on adjacent residential and agricultural properties. This
10 district is appropriate within the Northpoint Small Area Plan boundaries and other
11 areas with similar attributes. The district promotes a high standard of building design
12 quality, open space preservation, and protection of sensitive lands and waterways.
13 B. Uses: Uses in the Northpoint District as specified in Section 21A.33.040, "Table Of
14 Permitted And Conditional Uses For Manufacturing Districts", of this title are
15 permitted subject to the general provisions set forth in Section 21A.28.010.
16 C. Maximum Lot Area: The maximum allowable lot size is 10 acres. Approval for lots
17 larger than 10 acres may be granted per Subsection 21A.28.040.I.
18 D. Minimum Yard and Setback Requirements:
19 1. Front Yard: 20'
20 2. Corner Side Yard: 20'
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date: ___________________________
By: ____________________________
Katherine D. Pasker, Senior City Attorney
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21 3. Interior Side Yard: 15’
22 4. Rear Yard: 15’
23 5. Additional Setback:
24 a. Principal structures must be a minimum of 65’ from principal residential
25 structures on abutting properties.
26 b. Vehicle laneways used to access a development site must be a minimum of
27 30’ from principal residential structures on abutting properties.
28 6. Buffer Yards:
29 a. The Jordan River shall have a 300’ buffer from the annual high-water level
30 (AHWL), as defined in Section 21A.34.130, to preserve the natural habitat
31 and water quality of the Jordan River. Except as modified in this subsection,
32 the Jordan River buffer is subject to all rules and regulations in 21A.34.130:
33 Riparian Corridor Overlay District.
34 i. No-Disturbance Area: The first 100’ of the buffer from the AHWL,
35 nearest to the river shall be designated as a no-disturbance area. Permitted
36 uses in the no-disturbance area shall be subject to the uses in Area A in
37 Table 21A.34.130-3: USES ALLOWED ON UNDEVELOPED LAND.
38 ii. Structure Limit Area: The area between 100’ and 200’ from the AHWL
39 shall be designated as a structure limit area. Permitted uses in the structure
40 limit area shall be subject to the uses in Area B in Table 21A.34.120-2:
41 USES ALLOWED ON DEVELOPED LOTS.
42 iii. Buffer Transition Area: The area between 200’ and 300’ from the AHWL
43 shall be designated as the buffer transition area. Permitted uses in the
44 buffer transition area shall be subject to the uses in Area C in Table
45 21A.34.130-2: USES ALLOWED BY AREA ON DEVELOPED LOTS.
46 E. Maximum Height: No building shall exceed 40 feet in height. Building height along
47 loading dock areas may exceed the maximum height limit by 5 feet. The additional
48 height shall only be allowed below the average elevation of finished grade and the
49 area shall be excluded from the calculation of the average elevation of finished grade.
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50
51 F. Building Size Limits: Building footprints are limited to a maximum of 100,000
52 square feet. The maximum footprint of a building may be increased per Subsection
53 21A.28.040.I.
54 G. Landscaping Requirements: The purpose of the landscaping in the Northpoint area is
55 to provide appropriate native landscaping that prevents noxious weeds and to provide
56 landscaping that will not negatively impact the adjacent sensitive lands.
57 1. All landscaping shall consist of native plants as identified in the “Salt Lake City
58 Plant List and Hydrozone Schedule” on file with the planning division.
59 2. All required front, corner side, side, and rear yards shall be maintained as
60 landscape yards in conformance with the requirements of Section 21A.48.060.C.
61 3. Trees are required along all property lines in the following yards:
62 a. Front and Corner Side Yards: One tree for every 30 linear feet of lot frontage.
63 Trees may be spaced irregularly or clustered to form a natural grouping.
64 b. Interior Side and Rear Yards: One tree is required for every 30 linear feet of
65 yard length. Trees may be spaced irregularly or clustered to form a natural
66 grouping.
67 c. Interior Side and Rear Yards When Abutting a Residential Use: One tree is
68 required for every 15 linear feet of the property line abutting the residential
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69 use. The zoning administrator may approve alternate planting locations for
70 required trees to allow for clustering under the following conditions:
71 i. No trees may be removed from any areas abutting or within 30 feet of a
72 primary residential use; and
73 ii. The total number of required trees may not be reduced.
74 4. Noxious weed species as identified by the Utah Department of Agriculture and
75 Food (or its successor) in the State of Utah Noxious Weed List (or its successor)
76 shall be removed from landscaped areas and areas disturbed by construction
77 activity. Noxious weeds shall be controlled for a period of two years and methods
78 of control shall be identified on the landscape plan.
79 5. All other requirements in Chapter 21A.48 apply. This section shall take
80 precedence in the case of a conflict with Chapter 21A.48.
81 H. Design Standards:
82 1. Maximum Building Façade Length along 2200 West: The maximum building
83 façade length along 2200 West is limited to 250 feet. The maximum building
84 façade length may be increased per Subsection 21A.28.040.I.
85 2. Blank Walls: The maximum length of any blank wall uninterrupted by windows,
86 doors, art, or architectural detailing along any ground level street facing facade is
87 25’. Changes in plane, texture, materials, scale of materials, patterns, art, or other
88 architectural detailing are acceptable methods to comply with this standard. The
89 architectural feature shall be either recessed a minimum of twelve inches (12") or
90 projected a minimum of twelve inches (12").
91 3. Building Materials: To mitigate the contrast of the built and natural environment,
92 the following building materials are permitted: brick, natural stone, wood, and
93 painted, tinted, or textured concrete. Stucco, including EIFS, is limited to
94 architectural detailing surfaces and articulation. Exterior plastic vinyl siding or
95 any reflective or polished materials are prohibited. Other materials not
96 specifically mentioned may be permitted, on a case-by-case basis, with approval
97 from the planning director, provided they meet the intent to mitigate the contrast
98 and impact of the materials on the natural environment. Windows and doors are
99 not subject to the building material restrictions.
100 4. Roofs: Light reflective roofing material with a minimum solar reflective index
101 (SRI) of 82 shall be used for all roofs.
102 5. Glass: For any building elevation with more than 10% glass, a minimum of 90%
103 of all glass shall be treated with applied films, coatings, tints, exterior screens,
104 netting, fritting, frosted glass, or other means to reduce the number of birds that
105 may collide with the glazing. Any treatment must create a grid pattern that is
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106 equal to or smaller than 2 inches wide by 4 inches tall. Mirrored or highly
107 reflective glass is prohibited.
108 6. Lighting:
109 b. All lighting, including lighting on buildings, parking areas, and signs shall be
110 shielded to direct light down and away from the edges of the property to
111 eliminate glare or light encroaching onto adjacent properties and have cutoffs
112 so that no light is emitted and/or reflected above the horizontal plane of the
113 fixture. When a light manufacturer provides a BUG rating, the uplight rating
114 (U) shall equal zero (0).
115 c. Uplighting and event searchlights are prohibited.
116 d. Total site illumination shall not exceed 100,000 lumens per net acre.
117 e. Outdoor lighting shall be a color temperature of 3,000 Kelvin or less.
118 7. Fencing: To minimize impacts on wildlife, fences shall have a visually open
119 design with at least 50% of the fence open for the continuous length of the fence.
120 Fencing that is less than 50% open is permitted when solid screening is otherwise
121 required by this title.
122 b. Prohibited Decorative Features:
123 i. Pointed extensions at the top of fences are prohibited to prevent injury to
124 wildlife attempting to traverse the fence.
125 ii. Woven wire fencing and incorporating loose wires that may entangle
126 animals is prohibited to avoid harm to wildlife.
127 iii. Hollow fence posts that are open at the top, where birds or other small
128 animals may become entrapped, are prohibited. All fence posts must be
129 solid or have caps securely attached.
130 8. Stormwater Management:
131 a. This subsection shall be enforced by the Salt Lake City Public Utilities
132 Department.
133 b. Drainage: Site stormwater shall be collected on site and routed to the public
134 storm drain system or gutter. Stormwater may not discharge across property
135 lines or across public sidewalks without legal authorization to do so. A
136 technical drainage study is required for the development of all lots detailing
137 compliance with the requirements of this section to be reviewed with any site
138 development or building permit.
139 c. Stormwater Quality: Stormwater treatment is required prior to discharge to the
140 public storm drain. Sites shall utilize stormwater best management practices
141 (BMP's) to remove solids, oils, and other pollutants. Green infrastructure
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142 should be used whenever possible. Options for green infrastructure and low
143 impact development include bioretention systems, harvest/reuse, permeable
144 surfaces, green roofs, and site design.
145 d. Retention: Retention of the 80th percentile storm is required for all new and
146 redevelopment projects greater than 1 acre.
147 e. Detention: Detention shall be provided to ensure stormwater discharge does
148 not exceed 0.2 cfs per acre, or less, to match pre-development flows, as
149 identified in the area stormwater master plan. Detention systems shall be
150 designed using the 100-year 3-hour storm using the Farmer-Fletcher rainfall
151 distribution.
152 I. Modifications of Standards: Modifications to the standards of this section are allowed
153 as identified in this subsection:
154 1. Applicability. All development sites within the M-1A (Northpoint Light
155 Industrial) zoning district. Development site includes all land under the same
156 ownership that is proposed to be developed as one development area.
157 Development sites can include land that contains multiple parcels or lots.
158 2. Restrictive Covenants: Development limitations elected in connection with
159 modifying a development standard as set forth in this subsection shall be
160 documented by a restrictive covenant in favor of the city recorded on the title of
161 the development site that describes the area that is being voluntarily restricted to
162 modify a zoning standard.
163 3. Land used to allow one modification may not be counted toward allowing another
164 modification.
165 4. Allowed modifications:
166 a. Maximum Lot Area: Approval for lots larger than 10 acres may be granted,
167 provided the buildings and structures are grouped and comply with the
168 following standards:
169 i. The cluster development shall be a minimum of 10 acres.
170 ii. A minimum separation of 15 feet shall be provided between all principal
171 buildings.
172 iii. A minimum of 20% of the area of the lot to be modified is designated as
173 natural open space on the development site, as defined in Section
174 21A.62.040. Natural open space shall, to the greatest extent possible, be
175 contiguous. Fragmented and disconnected small areas scattered
176 throughout the development site including required building separations,
177 and required setback yards, shall not count toward the 20%. Any
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178 required wetland, canal, or riparian buffers may be counted toward the 20%,
179 b. Maximum Building Façade Length: The maximum building façade length
180 along 2200 West may be increased if natural open space in excess of any
181 required buffer is provided on the development site. The maximum building
182 façade length may increase by 20 feet if 5% of the total non-buffer area of the
183 site is dedicated as natural open space, as defined in Section 21A.62.040, and
184 may increase by an additional 20 feet for every additional 5%. The natural
185 open space dedicated and permanently protected on site shall be no less than
186 7,000 SF and shall, to the greatest extent possible, be contiguous. Fragmented
187 and disconnected small areas scattered throughout the development site, and
188 required setback yards, shall not be counted.
189 c. Maximum Building Footprint Size: The maximum footprint of a building may
190 be increased by complying with one or more of the options below. No more
191 than an additional 100,000 square feet in building footprint will be permitted:
Option Amount of
additional building
square footage
1.Electric Vehicle Parking: Provide a
minimum of 10 electric vehicle
parking spaces on the development
site. 1 ADA electric vehicle stall
shall be provided for every 25
electric vehicle stalls Electric
vehicle parking spaces shall count
toward the minimum required
number of parking spaces. The
electric vehicle parking space shall
be:
a. Located in the same lot as
the principal use;
b. Signed in a clear and
conspicuous manner, such as
special pavement marking or
signage, indicating exclusive
availability to electric
vehicles; and
c. Outfitted with a standard
electric vehicle charging
station.
10,000 SF per 10
parking stalls
2.At least 30% of the roof area of the
building seeking an increase in
40,000 SF
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footprint shall be devoted to either
solar panels or a vegetated green
roof, or a combination of the two.
3.Designation of natural open space
within the development site, as
defined in Section 21A.62.040.
Natural open space shall, to the
greatest extent possible, be
contiguous. Fragmented and
disconnected small areas scattered
throughout the development, and
required setback yards, shall not
count towards the designated open
space.
Jordan River Transitional Buffer
Area and Wetland Buffers: Land
within the Transitional Buffer Area
or any required wetland buffers may
count as natural open space. The
square footage increase shall be for
a building outside of the required
buffer area on the same
development site and shall include
item #4 below (Inclusion of a
privately-owned public pathway,
trail, or greenway connecting to or
through natural open space areas).
1 SF per 1 SF of
natural open space
4.Inclusion of a privately-owned
public pathway, trail, or greenway
connecting to or through natural
open space areas.
10,000 SF per 1,000
linear feet of trail
25,000 SF per
trailhead. The
trailhead must
include amenities
such as directional
signage, benches,
etc.
5.Providing full retention of site
stormwater with no release to the
public storm drain system and
providing enhanced stormwater
quality practices.
50,000 SF
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System design to be approved by the
Salt Lake City Public Utilities
Department.
5.Providing detention to the effect that
no more than 0.1 cfs/acre is
discharged for the 100-year 3-hour
storm with the Farmer Fletcher
Rainfall Distribution and providing
enhanced stormwater quality
practices.
System design to be approved by the
Salt Lake City Public Utilities
Department.
35,000 SF
7.The site is developed as an all-
electric property. All-electric
property means a property that
contains no permanently installed
equipment or appliances that utilize
combustion, plumbing for fuel gas
or fuel oil or fuel gas utility
connection, installed within the
building(s) or site, except for
emergency power systems and
standby power systems.
50,000 SF
194
195 1. Amends Section 21A.33.040 Table of Permitted and Conditional Uses for Manufacturing
196 Districts to add the Northpoint Light Industrial Zoning District (M-1A) to the table, with no
197 other revisions, as follows:
198
199 21A.33.040: TABLE OF PERMITTED AND CONDITIONAL USES FOR
200 MANUFACTURING DISTRICTS:
201
Permitted And Conditional Uses By District
Use
M-1 M-2 M-1A
Accessory use, except those that are otherwise specifically regulated
elsewhere in this title
P
Agricultural use P
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Alcohol:
Bar establishment C6,10
Brewpub C6,10
Distillery C19
Tavern C6,10
Winery C19
Ambulance services (indoor and/or outdoor)P
Animal:
Cremation service P
Pet cemetery P2
Stockyard C12
Veterinary office P
Antenna, communication tower P
Antenna, communication tower, exceeding the maximum building
height
C
Artisan food production P19
Bakery, commercial P19
Bio-medical facility P18,19
Blacksmith shop P19
Brewery P19
Building materials distribution P
Bus line station/terminal P
Bus line yard and repair facility P12
Cannabis production establishment P
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Commercial food preparation P19
Community garden P
Contractor's yard/office C
Crematorium C
Data center P19,21
Daycare center, adult P
Daycare center, child P
Dwelling, living quarters for caretaker or security guard, limited to uses
on lots 1 acre in size or larger and is accessory to a principal use
allowed by the zoning district
P
Equipment, heavy (rental, sales, service)P
Equipment rental (indoor and/or outdoor)P
Financial institution with or without drive-through facility P
Food processing P19
Gas station C
Government facility P
Government facility requiring special design features for security
purposes
P
Grain elevator C12
Greenhouse P
Home occupation P15
Hotel/motel P
Impound lot P12
Industrial assembly P19
Laboratory, medical related P19
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Light manufacturing P19
Limousine service P
Mobile business P
Municipal services uses including City utility uses and police and fire
stations
P
Office P
Office, publishing company P
Open space P
Park P
Parking:
Commercial P
Off site P
Park and ride lot shared with existing use P
Photo finishing lab P19
Printing plant C19
Radio, television station P
Recreation (indoor)P
Recreation (outdoor)P
Recycling:
Collection station P
Processing center (indoor)C19
Research and development facility P19
Restaurant with or without drive-through facilities P11
Retail goods establishment with or without drive- through facility P11
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Retail service establishment:
Electronic repair shop P
Furniture repair shop P
Upholstery shop P
School:
Professional and vocational (with outdoor activities)P
Professional and vocational (without outdoor activities)P
Seminary and religious institute P
Seasonal farm stand P
Small brewery P19
Solar array P17,19
Storage and display (outdoor)P
Storage, public (outdoor)P
Storage, self P
Store, convenience P
Studio, motion picture P
Taxicab facility P
Technology facility P19
Tire distribution retail/wholesale P
Urban farm P
Utility:
Building or structure P
Solid waste transfer station C12
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Transmission wire, line, pipe or pole P1
Automobile and truck repair P
Automobile and truck sales and rental
(including large truck)
P
Automobile part sales P
Automobile salvage and recycling (indoor)P19
Recreational vehicle (RV) sales and service C
Truck repair (large)P
Vending cart, private property P
Warehouse P19
Welding shop P19
Wholesale distribution P19
Woodworking mill P19
207 Qualifying provisions:
208 1. See Subsection 21A.02.050.B of this title for utility regulations.
209 2. Subject to Salt Lake Valley Health Department approval.
210 3. Electric generating facilities shall be located within 2,640 feet of an existing 138 kV or
211 larger electric power transmission line.
212 4. No railroad freight terminal facility shall be located within 1 mile of a Residential
213 Zoning District.
214 5. Pursuant to the requirements set forth in Section 21A.36.140 of this title.
215 1. If a place of worship is proposed to be located within 600 feet of a tavern, bar
216 establishment, or brewpub, the place of worship must submit a written waiver of
217 spacing requirement as a condition of approval.
218 2. Building additions on lots less than 20,000 square feet for office uses may not exceed
219 50 percent of the building's footprint. Building additions greater than 50 percent of the
220 building's footprint or new office building construction are subject to a design review.
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221 3. A community correctional facility is considered an institutional use and any such
222 facility located within the AFPP Airport Flight Path Protection Overlay District is
223 subject to the land use and sound attenuation standards for institutional uses of the
224 applicable Airport Influence Zone within Section 21A.34.040 of this title.
225 4. No check cashing/payday loan business shall be located closer than 1/2 mile of other
226 check cashing/payday loan businesses.
227 5. Subject to conformance with the provisions in Section 21A.36.300, "Alcohol Related
228 Establishments", of this title.
229 6. Subject to conformance to the provisions in Section 21A.40.060 of this title for drive-
230 through use regulations.
231 7. Prohibited within 1,000 feet of a Single- or Two-Family Zoning District.
232 8. Prohibited within the Eco-Industrial Buffer Area of the Northwest Quadrant Overlay
233 District.
234 9. Prohibited within the Development Area of the Northwest Quadrant Overlay District.
235 10. Allowed only within legal conforming single-family, duplex, and multi-family
236 dwellings and subject to Section 21A.36.030 of this title.
237 11.Prohibited within 1/2 mile of any Residential Zoning District boundary and subject to
238 Section 21A.36.110 of this title.
239 12.Prior to issuance of a building permit in the M-1A District, Development Area and the
240 Eco-Industrial Buffer Area of the Northwest Quadrant Overlay, consultation with the
241 Utah Division of Wildlife Resources is required to obtain recommendations on siting
242 and equipment types for all solar arrays on a particular property to mitigate impacts to
243 wildlife.
244 13. Prohibited within 1/2 mile of a residential use if the facility produces hazardous or
245 radioactive waste as defined by the Utah Department of Environmental Quality
246 administrative rules.
247 14. Consult the water use and/or consumption limitations of Subsection 21A.33.010.D.1.
248 15. Prohibited in the IP Inland Port Overlay District. See Subsection 21A.34.150.B.2.f.
249 16. Prohibited on the North Temple Landfill site as identified in the Northwest Quadrant
250 Master Plan.
251 17.Data centers may be permitted provided they utilize a closed-loop cooling system.
252
253 2. Amends Subsection 21A.36.010.B.2, as follows:
254
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255 1. Lots in the RP, BP, M-1, M-2, M-1A, AG, AG-2, AG-5, AG-20, A, OS, NOS, and EI
256 Districts may have multiple buildings on a single lot regardless of street frontage and
257 subject to meeting all other zoning regulations.
258
259 4. Amends Subsection 21A.36.010.E, as follows:
260
261 E. Flag Lots Iin Nonresidential Districts: In the CG, BP, RP, M-1, and M-2, and M-1A
262 Districts, flag lots shall be permitted, subject to subdivision regulations; provided, that:
263 1. As part of new subdivisions or through the planned development process only when
264 the flag lot is proposed at the rear of an existing parcel;
265 2. The flag lot access strip shall have a minimum of twenty four feet (24') of frontage on
266 a public street; and
267 3. The City subdivision review process determines the following: that
268 a. Iit is not desirable or necessary to extend a public street to access the parcel., and
269 b. The existing lot and site layout is not conducive to private street development.
270
271 5. Amends the table in Subsection 21A.37.060.C to add the Northpoint Light Industrial Zoning
272 District (M-1A) to the table as follows:
273 C. Manufacturing Districts:
DistrictStandard (Code Section)
M-1 M-2 M-1A
Ground floor use (%) (21A.37.050A1)
Ground floor use + visual interest (%) (21A.37.050A2)
Building materials: ground floor (%) (21A.37.050B1)
Building materials: upper floors (%) (21A.37.050B2)
Glass: ground floor (%) (21A.37.050C1)
Glass: upper floors (%) (21A.37.050C2)
Building entrances (feet) (21A.37.050D)
Blank wall: maximum length (feet) (21A.37.050E)
Street facing facade: maximum length (feet)
(21A.37.050F)
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Upper floor step back (feet) (21A.37.050G)
Lighting: exterior (21A.37.050H)X X X
Lighting: parking lot (21A.37.050I)X X X
Screening of mechanical equipment (21A.37.050J)
Screening of service areas (21A.37.050K)
Ground floor residential entrances (21A.37.050L)
Parking garages or structures (21A.37.050M)
275
276 6. Amends Table 21A.40.090.E to add the Northpoint Light Industrial Zoning District (M-
277 1A) to the table under “Commercial/manufacturing districts” with no other revisions to the
278 table, as follows:
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279
280 TABLE 21A.40.090E
281 WIRELESS TELECOMMUNICATIONS FACILITIES
Monopole With Antennas And
Antenna Support Structure
Less Than 2' Wide 3
Monopole With Antennas And
Antenna Support Structure
Greater Than 2' Wide 3
Wall
Mount 3
Roof
Mount 3
District Height
Limit But Not
To Exceed 60'
(Whichever Is
Less)
60' Or
Exceeding
The
Maximum
Height Limit
Of The Zone
District Height
Limit But Not
To Exceed 60'
(Whichever Is
Less)
60' Or
Exceeding
The
Maximum
Height Limit
Of The Zone
Lattice
Tower
Commercial/manufa
cturing districts:
M-1A P P P C P C C
282
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283
284 7. Amends Subsection 21A.44.040.A.4 as follows:
285 4. The maximum parking limit does not apply to properties in the M-1, M-2, M-1A, BP, or
286 Airport zoning districts that are located west of the centerline of Redwood Road.
287
288 8. Amends Table 21A.44.060-A to add the Northpoint Light Industrial Zoning District (M-
289 1A) to the table under “GENERAL CONTEXT” and “Commercial and Manufacturing (CC, CS,
290 CG, M-1, M-2, SNB)” with no other revisions to the table, as follows:
TABLE 21A.44.060-A: PARKING LOCATION AND SETBACK REQUIREMENTS:
N = parking prohibited between lot line and front line of the principal building
Zoning
District
Front Lot Line Corner Side Lot
Line
Interior Side Lot Line Rear Lot Line
GENERAL CONTEXT
Commercial and Manufacturing (CC, CS, CG, M-1, M-2, SNB)
CC 0 ft.; or 7 ft. when abutting any residential
district
CS
15 ft.
CG N.
See also Subsection 21A.26.070 .I
M-1
0 ft.; or 15 ft. when abutting any residential
district
M-2
M-1A
15 ft.
0 ft.; or 50 ft. when abutting any residential
district
291
292 9. Amends Table 21A.44.060-C as follows:
TABLE 21A.44.060-C: MINIMUM AND MAXIMUM DRIVE APPROACH WIDTH:
Zoning District Minimum Drive Approach Width
(in front and corner side yard)
Maximum Drive Approach
Width* (in front and corner
side yard)
SR-1, SR-2 and SR-3 8 ft.22 ft.
MH 8 ft.16 ft.
Other Residential Zoning
Districts
8 ft.24 ft.
M-1 and M-2
Manufacturing Districts
12 ft. single lane and 24 ft. for two-
way
30 ft.
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Other Non-Residential
Zoning Districts
12 ft. single lane and 24 ft. for two-
way
30 ft.
* All drive approaches serving residential uses shall be a minimum eight feet (8’) wide.
294
295 10. Amends Subsection 21A.44.090.A.4.a as follows:
296 a. The property is located in a CG, M-1, M-2, M-1A, or EI zoning district.
297
298 11. Amends Section 21A.44.100.B.2 as follows:
299 2. Except in the M-1, M-2, M-1A, CG, and D districts, no cleaning or maintenance of
300 loading areas using motorized equipment may be performed between ten o'clock (10:00)
301 P.M. and seven o'clock (7:00) A.M. each day, except for snow removal.
302
303 12. Amends the preamble to Section 21A.46.055 as follows:
304 Pursuant to the terms and conditions set forth in this section, attended portable signs shall be
305 allowed on public property in Residential/Business (RB), Residential/Mixed Use (R-MU),
306 Neighborhood Commercial (CN), Community Business (CB), Community Shopping (CS),
307 Corridor Commercial (CC), Sugar House Business (CSHBD), General Commercial (CG),
308 Light Manufacturing (M-1), Heavy Manufacturing (M-2), Northpoint Light Manufacturing
309 (M-1A), Central Business (D-1), Downtown Support (D-2), Downtown
310 Warehouse/Residential (D-3), Downtown Secondary Central Business (D-4), Gateway-
311 Mixed Use (G-MU) and Business Park (BP) Zoning Districts.
312
313 13. Amends Section 21A.46.100 as follows:
314 21A.46.100: SIGN REGULATIONS FOR MANUFACTURING DISTRICTS:
315 The following regulations shall apply to signs permitted in the manufacturing districts. Any
316 sign not expressly permitted by these district regulations is prohibited.
317 A. Sign Regulations Ffor Tthe M-1 And M-2 Manufacturing Districts:
318 1. Purpose: Sign regulations for the M-1 and M-2 manufacturing districts are
319 intended to provide for appropriate identification of industrial and manufacturing
320 uses. Signage should enhance the aesthetics of the districts, rather than clutter the
321 area. Supportive commercial signage should be in scale with industrial signage.
322 2. Applicability: Regulations in subsection A3 of this section shall apply to all lots
323 within the M-1, and M-2, and M-1A districts.
324 3. Sign Type, Size Aand Height Standards:
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325
326 STANDARDS FOR THE M-1 AND M-2 MANUFACTURING DISTRICTS
327 [Note to codifier: aside from the title, there are no changes to the table or any of the notes
328 thereto.]
329 4. Supplementalry Regulations:
330 a. Lot Frontage Requirements: A minimum lot frontage of one hundred feet
331 (100’) shall be required for pole signs or monument signs.
332
333 14. Amends Subsection 21A.48.060.D as follows:
334 D. Landscape Buffer Standards:
District When Abutting 1
Required
Landscape /
Freeway Buffer
Widths
All districts (except Single-
and Two- Family, Foothill,
Special Development
Pattern, SNB, FB-UN1, and
those districts listed below
that require a greater buffer
width)
Single- and Two- Family,
Foothill, & Special Development
10’
All districts Freeway 2 20’
All other non-residential
districts (except SNB, FB-
UN1, and those districts
listed below that require a
greater buffer width)
RMF-30, RMF-35, RMF-45, &
RMF-75 10’
M-1 & M-1A
Any district that allows
residential uses, AG districts, &
OS
15’
Any district that allows
residential uses 50’
M-2
AG districts & OS 30’
BP & RP All residential districts (in
Chapter 21A.24)30’
EI All districts 30’
MH All districts 20’
1. Or when required elsewhere by this title.
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2. The zoning administrator may approve a reduced freeway buffer if there’s an
existing sound wall or required off-street parking cannot be met. If such a reduction
is necessary, the buffer may not be less than 10’ in width.
Landscape Buffer Standards
1 tree for every 30 linear feet of landscape buffer.
1 shrub every 3 feet, with a mature height of no less than 4’, along the entire length
of the buffer.
A 6-foot solid fence along the length of the required landscape buffer unless
modified by the zoning administrator to better meet the fence height provisions in
Section 21A.40.120.
Turf is limited to active recreation areas.
Freeway Landscape Buffer Standards (buffer standards for those properties
abutting a freeway)
1 tree for every 15 linear feet of required freeway landscape buffer. Trees shall be
staggered along the length of the buffer.
100% coverage required, may include adaptive or native grasses, wildflower, and
shrubs. Turf is prohibited.
336
337
338 15. Amends Table 21A.55.060 to add the Northpoint Light Industrial Zoning District (M-1A)
339 to the table under “Manufacturing districts” with no other revisions to the table, as follows:
340 TABLE 21A.55.060
341 PLANNED DEVELOPMENTS
District Minimum Planned
Development Size
Manufacturing districts:
M-1 Light Manufacturing District No minimum required
M-2 Heavy Manufacturing District No minimum required
M-1A Northpoint Light Manufacturing District No minimum required
342
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
COUNCIL STAFF REPORT
CITY COUNCIL of SALT LAKE CITY
TO:City Council Members
FROM:Brian Fullmer
Policy Analyst
DATE:December 3, 2024
RE: Sugar House Master Plan, Zoning Map, and Text Amendment at 1095 East 2100 South
(Former Wells Fargo Bank)
PLNPCM2023-00960/00961
The Council will be briefed about a request to create a new zoning district, the MU-15 (Form-Based Mixed-
Use 15 Subdistrict) and the applicant’s request that would apply the new zone to the property at 1095 East
2100 South. The requested new zone would increase the property’s development potential and allow a
maximum height of 155 feet. A former Wells Fargo bank branch building is currently located on the
approximately 1.2-acre parcel which, under the proposal, would be redeveloped into a mixed-use
residential project.
Alternatively, Planning staff has pointed out that the property could be redeveloped under its current
zoning which would allow a mixed-use building up to 105 feet tall (approximately 9-10 stories). The
redevelopment could also occur under the MU-11 zoning, which is currently being developed by the
Administration, and would allow buildings up to 125 feet tall plus additional height with certain conditions.
These are summarized in the table below.
Zoning District Maximum Building Height
CSHBD1 (Current)105 feet
MU-11 (Administration’s proposal
currently being processed in
separate petition)
125 feet (design review above 85 feet)
MU-15 (Applicant’s proposal)155 feet (design review above 75 feet)
Item Schedule:
Briefing: December 3, 2024
Set Date: December 10, 2024
Public Hearing: January 7, 2025
Potential Action: TBD
Page | 2
In addition to the proposed rezone, the applicant proposes amending the 2005 Sugar House Community
Master Plan to enable higher density development in the Sugar House Business District than the two- to
four-story height limits discussed in the “High-Intensity Mixed Use” section of the Plan. Maximum
residential density called for in the Plan is 20-50 dwelling units per acre. The applicant is proposing
buildings up to 15 stories and density between 50-270 dwelling units per acre.
Planning staff noted the Sugar House Community Master Plan generally supports increased residential
density within the Sugar House Business District and stated, “The most intense development in this
community should be located within the Town Center Scale subdistrict where the project site is located.”
It is important to note that this is a private petition and not part of the City-initiated commercial and
mixed-use zoning district consolidation. The petitioner’s proposed MU-15 zone would add a seventh
mixed-use zoning district to the six MU zoning districts the Administration is recommending.
A building constructed under the proposed MU-11 zoning could add three additional stories and get to the
applicant’s proposed 155 feet of height if they utilize the affordable housing incentives as a public benefit.
They would still have the option to construct with mass timber.
Planning staff also noted “The MU-15 zone (Form Based Mixed-Use 15 Subdistrict) is based on the
proposed MU zones that are part of the zoning consolidation project, but because that proposal is still in
the draft form, the MU-15 proposal has some differences in content and structure that would have to be
reconciled based on whichever district is adopted first.”
According to Planning staff, the proposals generally met standards for approval and recommended the
Planning Commission forward a positive recommendation to the Council. The Commission reviewed the
proposals at its September 11, 2024 meeting and held a public hearing at which 17 people spoke or had
their comments read. All but one commenter was opposed to the proposal.
Commenters expressed concerns about the proposed building’s height being inappropriate for the location,
its proximity to single-family residences to the north without a sufficient transition between, increased
density and traffic, parking issues, needed infrastructure upgrades, and construction fatigue. The
Commission voted unanimously to forward a negative recommendation to the City Council.
Goal of the briefing: Review the proposed master plan and zoning map amendments, determine if the
Council supports moving forward with the proposal.
POLICY QUESTIONS
1. The Council may want to discuss whether to add this MU-15 zoning district to those proposed by
the Administration’s zoning consolidation petition.
2. The Council may want to discuss whether the MU-11 zoning district is the right option for this
development.
3. The Council may want to discuss utilizing affordable housing incentives with the applicant to get
their desired height.
4. The Council may want to discuss community benefits with the applicant that have potential to
achieve the proposed building’s height.
5. The Council may want to ask about compatibility issues with the adjacent single-family and lower
impact commercial properties.
6.The applicant submitted a proposed modification to the text amendment that would add
sustainability standards that, if met, would allow additional height for the building. Meeting the
Page | 3
sustainability standards would provide up to three additional stories in the MU-11 zoning district
and achieve the applicant’s desired building height. See further discussion about this proposed
addition on page 4 below.
The Council want to discuss the applicant’s proposed sustainable building incentives with Planning
staff and ask for their review and recommendation on the proposed language. Staff note: legally it
would not be appropriate for the applicant to suggest changes to a different petition, but if the
Council is interested in this path, that is an option for them to request.
ADDITIONAL INFORMATION
Because zoning of a property can outlast the life of a building, any rezoning application should be
considered on the merits of changing the zoning of that property, not simply based on a potential project.
In the area zoning map below, CSHBD1 properties (proposed to be zoned MU-11 under the
Administration’s proposal) are shaded pink, and CSHBD2 (proposed to be zoned MU-6 under the
Administration’s proposal) are pink with white hash marks. R-1/5,000 and R-1/7,000 single-family zoned
properties are respectively shaded tan and yellow.
Area zoning map with the subject property outlined in blue.
The subject petitions were submitted in November 2023, prior to the enactment of the Community Benefit
Policy. The applicant submitted a draft community benefit checklist which was reviewed by Planning staff
Page | 5
who believe it does not meet the new policy requirements. Even though this petition is not subject to the
City's formal Community Benefit Policy, the City Council is free to consider community benefits as part of
any legislative decision on this rezone petition.
The proposed MU-15 zone would permit residential units on 1100 East/Highland Drive, which Planning
staff opposes. Current CSHBD1 zoning and the Administration’s proposed MU-11 zoning district call for
ground floor retail uses on 1100 East and 2100 South frontages to support the Sugar House Business
District.
Original Proposal
The applicant initially proposed creating a new CSHBD-SUS (Sustainability Zone) that would allow
buildings up to 305 feet. Portions of the proposal were not supported by City staff, and the developer
changed their proposal and submitted the text amendment under the MU-15 name which the Council is
currently reviewing.
Supplemental Information from the Applicant
In addition to building heights discussed above, the MU-15 district as proposed by the petitioner would
require the following:
Sustainable construction methods and a Whole Building, Life Cycle Assessment (WBLCA)
o To achieve additional height, projects must cut upfront embodied carbon by at least 60%.
o A preliminary WBLCA is required when applying for a building permit, and a final WBLCA
indicating at least 60% reduction in embodied carbon would be required before a certificate
of occupancy is issued.
Planning noted the City does not have in-house reviewers for these assessments, so
a third-party review at the applicant’s expense would be required.
The applicant did not provide a remediation plan if the building failed its final
WBLCA. Planning staff recommended an enforcement policy for non-compliance
and suggested including language in City code stating that a certificate of occupancy
may not be issued until the owner takes necessary actions to receive the final
assessment verifying the embodied carbon reduction.
Mass timber building construction.
MU-15 zoning initially applies to property at 1095 East 2100 South but may be applied elsewhere in
the future.
After the Planning Commission forwarded their recommendation, the applicant submitted additional
changes for the Council to consider. These include sustainable building incentives in the code that if met,
would allow the applicant to increase their building height.
Under the applicant’s sustainable building incentives proposal, additional height would be allowed for
buildings that meet green emission standards, have a least a LEED Gold rating, and use building
technologies that allow capture of embodied carbon.
Planning staff is aware of this additional language but has not officially reviewed or provided a
recommendation. The Council may wish to ask Planning staff to review the language and make a formal
recommendation to the Council.
Public Input
The Planning Division received significant public input on the proposal, the vast majority of which is in
opposition. The Sugar House Community Council submitted letters in opposition to the original CSHBD-
Page | 6
SUS, and current MU-15 proposal. Email comments can be found on pages 154-303 of the Planning
Commission staff report. It is worth noting that many of these comments in the staff report were
referencing the initial proposed CSHBD-SUS zoning district.
Additional comments are found on pages 81-113 of the transmittal and were received after the MU-15
zoning district proposal was submitted on July 11, 2024.
KEY CONSIDERATIONS
Planning staff identified three key considerations related to the proposal which are found on pages 14-22 of
the Planning Commission staff report and summarized below. For the complete analysis, please see the
staff report.
Consideration 1 – How the Proposal Helps Implement City Goals & Policies Identified in
Adopted Plans
Planning staff reviewed how the proposal aligns with Plan Salt Lake (2015), Housing SLC (2023-2027),
Thriving in Place (2023), and the Sugar House Community Master Plan (2001). They found the proposal
generally supports the plans and stated:
“Redeveloping this underutilized parcel, in close proximity to transit options and neighborhood
amenities, aligns with overall city support for higher density development. Amending the general
plan would ensure newer Sugar House developments comply with the Sugar House Plan and
support both the city-initiated zoning consolidation and the privately initiated MU-15 zoning text
amendment.”
Consideration 2 – Review of MU-15 Zoning District & its Compatibility with Adjacent
Properties
Under current zoning, and in the Administration’s proposal, there are properties with less intense
development potential to help transition between the subject property and single-family residential
properties to the north and west, though that transition buffer would be small for some nearby single-
family homes.
Planning staff found that the design standards proposed for both the MU-11 and MU-15 zones were similar,
which would help ensure high quality design that is compatible with the scale and character of the existing
neighborhood.
Consideration 3 – Departmental Reviews
Public Utilities noted concerns with the following:
Utility Impact-water, sewer, and storm drain systems at the property and downstream could be
significantly impacted. Detailed development plans would be required to assess increased demand
on these systems.
Increased Costs-higher density development could increase construction costs due to needed
upgrades to offsite utilities and may affect areas outside the property.
Sewer Capacity-Upgrades to the area’s sewer system are planned but won’t accommodate capacity
for new developments. Public Utilities said additional infrastructure improvements will be
necessary.
Water Infrastructure-Upgrades to existing water mains are planned but additional work may be
needed, particularly for fire hydrant demands and connections.
Canal Proximity-The subject property is near the Jordan & Salt Lake Canal. Any development
would need to be outside of the existing easement or potential additional easements for canal
maintenance.
Page | 7
The Transportation Division will require a traffic study to determine the impacts a large development
would have on area traffic flow.
ANALYSIS OF STANDARDS
Attachment F (pages 139-143) of the Planning Commission staff report outlines zoning text and zoning
map amendment standards that should be considered as the Council reviews this proposal. The standards
and findings are summarized below. Please see the Planning Commission staff report for additional
information.
Zoning Text Amendment
Factor Finding
Whether a proposed map amendment is consistent with
the purposes, goals, objectives, and policies of the city as
stated through its various adopted planning documents.
Generally complies
Whether a proposed map amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
Whether a proposed map amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
N/A
The extent to which a proposed text amendment
implements best current, professional practices of urban
planning and design.
Complies
The impact that the proposed text amendment may have
on city resources necessary to carry out the provisions
and processes required by this title.
Would require
significant public facility
upgrades.
Seven-year moratorium
on street reconstruction
likely to cause issues for
site redevelopment.
The impact that the proposed text amendment may have
on other properties that would be subject to the proposal
and properties adjacent to subject properties.
Proposed MU-15 zoning
intended for subject
property but may be
applied in other areas of
the city. It is unknown if
other property owners
may use renewable
construction methods.
Impacts to adjacent
properties would be
similar to those under
current or City proposed
zoning. Design
standards would ensure
high level of design.
The community benefits that would result from the
proposed text amendment, as identified in 21A.50.050.C.
Planning staff reviewed
a community benefit
checklist provided by the
Page | 8
applicant and does not
believe proposed
benefits meet policy
requirements. (As noted
above, the petitions
were vested before
community benefit
policy adoption.)
Zoning Map Amendment
Factor Finding
Whether a proposed map amendment is consistent with
and helps implement the purposes, goals, objectives, and
policies of the city as stated through its various adopted
planning documents.
Generally complies
Whether a proposed map amendment furthers the
specific purpose statements of the zoning ordinance.
Complies
The extent to which a proposed map amendment will
affect adjacent and nearby properties due to the change
in development potential and allowed uses that do not
current apply to the property.
No proposed uses
currently not allowed
within existing zoning.
Proposal is consistent
with uses in proposed
MU-11 zone except MU-
15 would not permit
single-family attached.
Whether a proposed map amendment is consistent with
the purposes and provisions of any applicable overlay
zoning districts which may impose additional standards.
N/A
The potential impacts on the city to provide safe drinking
water, storm water, and sewer to the property and other
properties based on the additional development potential
of future development including any impact that may
result in exceeding existing or planned capacities that
may be located further away from the subject property.
Would require
significant public facility
upgrades.
The status of existing transportation facilities, any
planned changes to the transportation facilities, and the
impact that the proposed amendment may have on the
city’s ability, need, and timing of future transportation
improvements.
Would impact area
transportation facilities.
Property owner would
be required to meet
conditions from
Engineering and
Transportation
Divisions.
The proximity of necessary amenities such as parks, open
space, schools, fresh food, entertainment, cultural
facilities, and the ability of current and future residents
Sugar House is well
connected to these
amenities. S-Line
ridership would likely
to access these amenities without having to rely on a
personal vehicle.
increase with additional
area residents.
Page | 9
The potential impacts to public safety resources created
by the increase in development potential that may result
from the proposed amendment.
Police did not have
concerns with the
proposal. Fire said
construction would need
to meet International
Building and
International Fire
Codes.
The potential for displacement of people who reside in
any housing that is within the boundary of the proposed
amendment and the plan offered by the petitioner to
mitigate displacement.
Property has been a
commercial
development.
The potential for displacement of any business that is
located within the boundary of the proposed amendment
and the plan offered by the petitioner to mitigate
displacement.
No current businesses
would be displaced.
The community benefits that would result from the
proposed map amendment, as identified in Section
21A.50.050.C.
Planning staff reviewed
a community benefit
checklist provided by the
applicant and does not
believe proposed
benefits meet policy
requirements. (As noted
above, the petitions
were vested before
community benefit
policy adoption.)
PROJECT CHRONOLOGY
• November 29, 2023 – Applications submitted.
• December 19, 2023 – Petitions assigned to Planning staff.
• December 22, 2023 –
o Applications deemed complete.
o 45-day comment period notice sent to Sugar House Community Council.
o Early notice sent to neighbors within 300 feet of the site.
• December 26, 2023 – Online open house posted to Planning Division website.
• February 27, 2024 – Sugar House Community Council Chair submitted letter of opposition to
initial CSHBD-SUS zoning.
• July 11, 2024 –
o Proposed CSHBD-SUS zoning district withdrawn and new MU-15 zoning district proposal
submitted.
o Open house webpage updated with information on applicant’s new MU-15 proposal.
• August 29, 2024 – Public hearing notice mailed, posted on City and State websites, and posted on
Planning Division listserv.
• August 30, 2024 – Public hearing notice sign posted on the property.
Page | 10
• September 10, 2024 – Sugar House Community Council sent letter in opposition to the proposed
MU-15 zoning.
• September 11, 2024 – Planning Commission review and public hearing. The Commission voted to
forward a unanimous negative recommendation to the City Council.
• November 1, 2024 – Transmittal received in City Council Office.
Item B3
CITY COUNCIL OF SALT LAKE CITY
451 SOUTH STATE STREET, ROOM 304
P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476
SLCCOUNCIL.COM
TEL 801-535-7600 FAX 801-535-7651
MOTION SHEET
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Ben Luedtke and Sylvia Richards
DATE:December 3, 2024
RE: Budget Amendment Number Two of FY2025
MOTION 1 – CLOSE PUBLIC HEARING
I move that the Council close the public hearing and refer the item to a future date for action.
MOTION 2 – CONTINUE PUBLIC HEARING
I move that the Council continue the public hearing to a future date.
MOTION 3 – CLOSE PUBLIC HEARING AND ADOPT ALL ITEMS
I move that the Council close the public hearing and adopt an ordinance amending the Fiscal Year 2025 final
budget of Salt Lake City including the employment staffing document only for items as shown on the motion
sheet.
Staff note: Council Members do not need to read the individual items being approved below; they are
listed for reference.
A-1: Purchase Additional City Fleet Vehicles ($3.9 Million one-time from the Fleet Maintenance
Fund Balance)
A-2: Enhanced Security Improvements at the Justice Court ($200,000 from General Fund Balance then
ongoing)
A-3: Community Oriented Policing Services or COPS Hiring Grant from the U.S. Department of
Justice for Two New Sergeants and 10 New Police Officers ($1 Million from Nondepartmental
Holding Account and $617,673 from General Fund Balance of which $689,953 is ongoing)
A-4: Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter Cities
State Mitigation Grant ($877,832 one-time from General Fund Balance of which $498,692 is ongoing)
A-5: Downtown Capital City Revitalization Zone 0.5% Sales Tax Budget $25,982,860 ongoing in a new
dedicated fund)
A-6: 3200 West Complete Street Additions ($100,000 one-time from the Quarter-cent Sales Tax for
Transportation Fund Balance)
D-1: City Hall Earthquake Repair Insurance Funds Rescope ($3,488,282 rescope in the CIP Fund)
D-2: Fleet Encumbrance Reappropriation ($10,580,117 from Fleet Fund)
D-4: Landfill Projects ($7 Million one-time in the CIP Fund ; Budget Neutral from County
Reimbursements)
D-5: Additional Funding for Kensington Neighborhood Byway (Rescope $103,182 of CIP funds and
$42,833 of transportation impact fees both from a cancelled project)
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
D-7: Prosecutor’s Office Changes since Budget Amendment #1 ($280,269 back to General Fund
Balance; removing City Prosecutor FTE; and Rescope $50,000 in the CIP Fund for Fifth Floor of City
Hall feasibility and structural study)
D-8: 911 Department Reclassifying Two Positions (Budget Neutral)
D-9: University of Utah Donation for Sunnyside Park Improvements ($4,200,000 one-time)
D-10: Expense Budget Transfer from Non-departmental to the Police Department and Fire Department
for Wages ($2,131,513 from Non-departmental; $1,047,521 to the Fire Department and $1,083,992 to
the Police Department)
E-1: TTIF 200 South Transit Corridor Project ($1,800,000 from Misc. Grants Fund)
E-2: TTIF 400 South Multi-Use Trail ($6,356,000,000 from Misc. Grants Fund)
E-3: TTIF West Temple Bike Transit Connections ($1,326,000 from Misc. Grants Fund)
E-4: TTIF Westpointe/Jordan Meadows Neighborhood Byway ($900,000 from Misc. Grants Fund)
E-5: FY24 COPS Law Enforcement Mental Health and Wellness Act ($98,786 from Misc. Grants Fund)
E-6: FY 24 COPS Hiring Program ($1,500,000 from Misc. Grants Fund)
F-2: University of Utah Sunnyside Donation ($4,200,000 from Donations Fund)
G-1: Mental Health Services to First Responders ($47,556 from Misc. Grants Fund)
G-2: Utah State Board of Education Snack Grant ($6,000 from Misc. Grants Fund)
G-3: State of Utah, Department of Public Safety, Bureau of Emergency Medical Services (BEMS)
($9,642 from Misc. Grants Fund)
G-4: Emergency Management Performance Grant ($18,000 from Misc. Grants Fund)
I-1: City Hall Physical Security Improvements Holding Account Release ($123,133 one-time)
I-2: Request to Reappropriate Funds for Reconnecting Communities Federal Grant for Local Match
($1.24 Million – Funding Our Future’s Fund Balance)
I-3: Ivory University House Student Housing Project ($330,000 from FOF for Year One / FOF Housing
Allocation to CAN for Years Two through Five)
I-4: Informal Public Benefits Analysis: Utility Rate Stabilization Fee Waiver
I-5: Aligning Appointed Pay Plan with the Council Office Staffing Document
MOTION 4 – CLOSE PUBLIC HEARING AND NOT ADOPT
I move that the Council close the public hearing and proceed to the next agenda item.
COUNCIL STAFF
REPORT
CITY COUNCIL of SALT LAKE CITY
tinyurl.com/SLCFY25
TO:City Council Members
FROM: Ben Luedtke, Sylvia Richards
Budget and Policy Analysts
DATE: December 3, 2024
RE: Budget Amendment Number 2 of Fiscal Year (FY) 2025
NEW INFORMATION
At the November 19 briefing, the Council passed three straw polls support of A-1, A-3, and A-4. The straw polls are
for initiating paperwork to purchase police vehicles while the manufacturer is still accepting orders, and early job
advertising for the 12 new police officers partially funded by the COPS hiring grant to help ensure they can
participate in the January academy instead of waiting for the next academy in May. Straw polls indicate the
Council’s informal position on an item but are nonbinding and do not guarantee how the Council will vote. Below
are new write-ups for items D-5, I-4, and I-5, and an updated vacancy report. The Council may consider closing the
public hearing and adopting some or all items at the December formal meetings.
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
The Commission on Racial Equality in Policing (CREP) has recommended that the City initiate training for members
of the Police Department on the history of policing in marginalized communities. This item would fund three new
one-time trainings. If the Council approved this funding request, then $1,290,439 would remain available in the
public safety reform holding account for future uses. The trainings are intended to be developed and delivered, if
possible, by local community-based trainers. A request for proposal would be developed to select the trainings.
I-4: Informal Public Benefits Analysis: Utility Rate Stabilization Fee Waiver
At the November 12th meeting, the Council approved an amendment to the Consolidate Fee Schedule to allow for a
waiver of the stabilization fee on water and sewer accounts if the line was unused for longer than 18-months. In
accordance with Utah State Code 10-8-2, Council will include this item as part of the budget amendment to
establish the minimal budget impact to the Utility. The waiver of fees will constitute less than a 1 percent impact to
the Utility budget for the fiscal year. (10-8-2 (2)(b))
I-5: Aligning Appointed Pay Plan with the Council Office Staffing Document
See Attachment 4 for the red lined version of the Appointed Pay Plan. Several changes are shown in the Council
Office section including removing positions that no longer exist and adjusting titles and pay grades. All the changes
are to bring the Appointed Pay Plan into alignment with the FY2025 staffing document the Council adopted as part
of the last annual budget. There are no budget impacts from updating the Appointed Pay Plan.
Project Timeline:
1st Briefing: November 19, 2024
2nd Briefing & Public Hearing: Dec. 3, 2024
Potential Adoption Vote: December 10, 2024
Updated Vacancy Report
The Finance Department
provided a vacancy report dated
October 25, 2024, which is
summarized in the table to the
right. It’s organized from most to
least year-to-date (YTD) savings.
This is a snapshot of current full-
time positions that are unfilled by
the department. The report found
193 vacant positions in the City.
This report excludes several types
of positions if they are grant
funded, seasonal or part-time,
and some FTEs in the 911, Fire,
and Police Departments that are
authorized but unfunded to help
with turnover (such as hiring
entry level positions shortly
before expected retirements /
terminations). This report only
reflects the current fiscal year so
covering the period of July 1 –
October 25. It does not reflect
positions that have been vacant across multiple fiscal years. During the annual budget the Council requested that the
Administration include vacancy analyses as part of the hybrid zero-based budgeting / program-based budgeting
effort. Note the table shows both General Fund departments and enterprise fund departments. The 193 vacant
positions are approximately 5.5% of all FTEs in the City.
Policy Question:
Regular Vacancy Reports – The Council may wish to request that the Administration include regularly
updated vacancy reports with budget amendments similar to how impact fees tracking reports are regularly
provided. The Council could also request that departments provide updates on plans to address significant
staffing issues such as a high number of vacancies, or key leadership positions that are vacant.
Information below this line was provided at earlier briefings
Budget Amendment Number Two includes 31 proposed amendments with $54,211,296 in revenues and $73,124,104
in expenditures of which $3,477,524 is from General Fund Balance. The amendments are across seven funds with
twelve proposed general fund positions for new police officers and one position (City Prosecutor) being removed
that was previously added in Budget Amendment #1. Most expenses in this budget amendment are housekeeping
items found in section D. One of these funds will be a new fund associated with the Downtown Capital City
Revitalization Zone 0.5% sales tax. The amendments also include six new initiatives in section A and additional
housekeeping and grant related items, and one donation-related item. There are also four Council-added items.
Fund Balance
If all the items are adopted as proposed, including all the Council-added items, then the General Fund Balance
would be projected at 13.9% which is $4,627,100 above the 13% minimum target.
Tracking New Ongoing General Fund Costs for the Next Annual Budget
The table of potential new ongoing General Fund costs for the FY2026 annual budget is available as Attachment 1
at the end of this document. If all the items in Budget Amendment #2 are adopted as proposed by the
Administration, then the FY2026 annual budget could have $1,704,055 of new ongoing costs. The total new
ongoing costs from Budget Amendments 1 through 2 would be $6,207,570. Note that of the total cost, $4.1 million
would be needed if the Homeless Shelter Cities State Mitigation grant is not available for FY2026.
Straw Poll Requests
The Administration is requesting straw polls for three items listed below. Note that straw polls are an informal
indication of the Council’s support and are not legally binding. All three of the straw polls are being requested to
allow Fleet to begin paperwork to help meet the ordering window for purchasing police vehicles. There is no closing
Department
Estimated
Salary Savings
YTD
# of
Vacant
Positions
% of
Department's
Total FTEs
Airport 578,011$ 38 5.7%
911 450,896$ 24 24.0%
Police 412,169$ 35 4.6%
Public Utilities 359,453$ 28 5.9%
Fire 216,582$ 18 4.4%
Community & Neighborhoods 185,406$ 11 5.6%
City Council 112,464$ 4 10.3%
Attorneys Office 107,715$ 4 6.0%
Public Lands 97,007$ 9 5.4%
Finance 77,819$ 3 3.5%
Public Services 66,333$ 9 3.3%
RDA 64,222$ 2 5.7%
Economic Development 56,477$ 3 12.8%
HR 35,448$ 2 6.0%
Sustainability 13,984$ 2 3.1%
IMS 7,906$ 1 1.0%
Grand Total 2,841,892$ 193 5.5%
date, however, the manufacturer will stop accepting orders once available builds are filled, which is unpredictable.
Item A-1: Purchase Additional City Fleet Vehicles by using $3.9 million from the Fleet Maintenance Fund Balance
Item A-3: FY 24-25 COPS Hiring Program Grant to allow early job advertising to help ensure recruits can participate
in the January training academy
Item A-4: FY 24-25 Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter
Cities State Mitigation Grant
BACKGROUND/DISCUSSION:
No adjustments to the revenue budget are anticipated at this time.
Fund Balance Chart
The Administration’s chart below shows the current General Fund Balance figures. Fund balance has been updated to
include proposed changes for BA#1. Note that some Council-added items are proposed to use more from Fund Balance
that shown in the table below.
FUND BALANCE CHART
Based on those projections adjusted fund balance is projected to be at 14.29%. The additional Council-added items
would result in a Fund Balance projected to be at 13.9%.
A summary spreadsheet outlining proposed budget changes is attached. The Administration
requests this document be modified based on the decisions of the Council.
The budget opening is separated in eight different categories:
A.New Budget Items
B.Grants for Existing Staff Resources
C.Grants for New Staff Resources
D.Housekeeping Items
E.Grants Requiring No New Staff Resources
F.Donations
G.Council Consent Agenda Grant Awards
I.Council Added Items
PUBLIC PROCESS: Public Hearing
Vacancy Report (193 Vacant Positions)
The Finance Department provided a vacancy
report dated October 25, 2024 which is
summarized in the table to the right. This is a
snapshot in time of current full-time positions
that are unfilled by department. The report
found 193 vacant positions in the City. This
report excludes several types of positions if they
are grant funded, seasonal or part-time, and
some FTEs in the 911, Fire, and Police
Departments that are authorized but unfunded
to help with turnover (such as hiring entry level
positions shortly before expected retirements /
terminations). This report only reflects the
current fiscal year so covering the period of July
1 – October 25. It does not reflect positions that
have been vacant across multiple fiscal years.
During the annual budget the Council requested
that the Administration include vacancy
analyses as part of the hybrid zero-based
budgeting / program-based budgeting effort.
Impact Fee Unallocated “Available to Spend” Balances and Refund Tracking
Updated balances of impact fees are anticipated to be available later this month. There is one item (D-5) in this budget
amendment that would rescope transportation impact fees from one project to another. There are no proposed new
appropriations of impact fees at the time of publishing this staff report.
Section A: New Items
Note: to expedite the processing of this staff report, staff has included the Administration’s descriptions from the
transmittal for some of these items.
A-1: Purchase Additional City Fleet Vehicles ($3.9 Million one-time from the Fleet Maintenance
Fund Balance)
The Administration is requesting $3.9 million of one-time previously appropriated but unspent Fleet funding for
the purchase of vehicles as follows:
Department Current Acquire & Capital
Cost
Number Of Assets
CED $147,980.46 4
Fire $1,900,000.00 1
Police $464,625.75 5
Streets $1,381,834.61 5
Grand Total $3,894,440.82 15
If this item is approved by the Council, the Administration estimates the amount remaining in the Fleet Fund will be
$1.5 million, which is historically much lower than previous years. In response to the question as to whether Fleet has
a new policy not to maintain a fund balance, Fleet Administration indicated the following:
“ Fleet's budget is divided into two funds, Maintenance and Replacement. Internal service funds, in this case Fleet's
Maintenance Fund, should never carry a large fund balance as it is an internal operation for departments in the City.
The Fleet "new vehicle fund" (aka replacement fund) should carry a minimal fund balance.”
A-2: Enhanced Security Improvements at the Justice Court ($200,000 from General Fund Balance
then ongoing)
In August of 2024, the Justice Court Administration received a Vulnerability Assessment Report which evaluated the
Court’s security both inside and outside the Court building. The Administration is requesting $200,000 in ongoing
funding for security improvements at the Justice Court.
The Court may need to make future funding requests to implement other recommendations but may also satisfy those
needs through the Department of Public Service Safety and Security via a CIP application. This budget amendment
request addresses the primary and time sensitive need of the Court at this time, according to the report.
Policy Question:
Potential Efficiencies by Combining Security between City Facilities – Council Members may wish to ask
the Administration whether efficiencies could be gained by combining Justice Court security efforts with City Hall,
Washington Square, and Library Plaza security.
A-3: Community Oriented Policing Services or COPS Hiring Grant from the U.S. Department of
Justice for Two New Sergeants and 10 New Police Officers ($1 Million from Nondepartmental
Holding Account and $617,673 from General Fund Balance of which $689,953 is ongoing)
This item is related to item E-6 later in the staff report which is the budget step to accept the $1.5 million grant
from the DOJ. A-3 is the required local match from the City’s General Fund.
The City was awarded $1.5 million from the U.S. Department of Justice’s Community Oriented Policing Services
or COPS hiring grant. It partially funds 12 new police officer FTEs that will form two squads dedicated to the
Jordan River Trail and surrounding neighborhoods. The grant requires the City to maintain employment of the
new police officers for at least 12 months after the 36 months that the grant helps pay for. Historically, the City
has successfully applied for and received COPS hiring grants multiple times and has retained the officers beyond
the required four-years.
Over the four-year term, the grant provides $1.5 million and the General Fund will need to budget $5,480,115. The
table below breakout these estimated costs by fiscal year. When the grant term ends, $2,071,325 is the fully loaded
estimated annual cost for the General Fund to continue employing the 12 new police officer FTEs.
In the annual budget, the Council created a $1 million holding account in Nondepartmental for TBD Jordan River
trail service level improvements. The funds were intentionally left flexible to respond to different needs along the
river and adjacent trail. The Administration is proposing to use the full $1 million to help meet the required
$1,617,673 local matching funds for the COPS hiring grant. The remaining $617,673 would come from General
Fund Balance.
This item would approve ongoing costs that would be covered by the General Fund this fiscal year for:
$383,228 for the local match of salaries and benefits,
$306,725 for equipment and supplies, and
$45,720 for 12 body cameras and associated software licenses
One-time costs covered by the General Fund include:
$787,800 transfer to the Fleet Fund for new vehicles, and
$94,200 transfer to the IMS Fund for computers, software, mobile data terminals, and radios
Timing of New Jordan River Trail Police Squads and Police Department Staffing Update
The Department reports an academy class is scheduled to begin in January. New recruits typically take 10 months
to complete the academy and field training. When the 12 new recruits complete training they will be placed in
patrol positions and a corresponding 12 experienced patrol officers will be transferred into the new Jordan River
police squads. The public could start seeing the newly created squads in October or November next year. The
Department is recommending this approach to avoid creating a shortfall in patrol staffing levels.
If this item is approved, then the total staffing of police officers would increase to 630 FTEs (not counting 20
authorized but unfunded positions to help reduce turnover fluctuations). This includes 598 police officers paid by
the General Fund, and 32 partially or fully covered by grants: 1 for the DEA Metro Narcotics Task Force, 12 from
this new COPS hiring grant, and 19 by the Homeless Shelter Cities State Mitigation Grant.
The Departments reports 12 police officers are currently unavailable due to being on leave and 46 are in training.
STRAW POLL REQUEST: The Administration is requesting a straw poll on the $787,800 for new police vehicles
so the Fleet Division may initiate paperwork to place the order while the manufacturer is still accepting new
orders. The purchase order could not be finalized until the Council formally votes to adopt this budget item.
Vehicle manufacturer ordering windows have become less predictable in recent years. Some Council Members
have also proposed including early job advertising of the 12 new positions to help ensure the recruits can be
included in the January academy instead of waiting for the next scheduled academy in May.
Policy Question:
Short-term Resource Needs until New Squads are Deployed – The Council may wish to ask the
Administration what additional resources could help address public safety concerns along the Jordan
River trail until the new squads are deployed in October / November next year?
A-4: Vehicles, Equipment, and Related Police Officer Costs Not Covered by the Homeless Shelter
Cities State Mitigation Grant ($877,832 one-time from General Fund Balance of which $498,692 is
ongoing)
This is a follow up item from the annual budget that would shift ongoing costs from the Homeless Shelter Cities
State Mitigation to the General Fund and provide one-time funding for police officers’ vehicles, equipment, and
related costs. The Homeless Shelter Cities State Mitigation Grant award this year is $2,945,958 which is (-
$161,243) less than last year. Four new police officers were added this year bringing the total to 19 police officers
funded by the grant. The police officers are dedicated to the geographic area around the Geraldine E. King and
Gail Miller homeless resource centers. The grant also funds four civilian FTEs and a subaward to the Volunteers of
America or VOA. The grant would need to be approximately $4.1 million next year to fully cover the 23 FTEs,
equipment, supplies, and subaward to the VOA. The grant is subject to annual appropriations by the Legislature
and changes to the number of eligible municipalities.
Non-personnel costs related to the 19 police officers funded by the Homeless Shelter Cities State Mitigation Grant
are proposed to shift to the General Fund. This shift better aligns eligible costs with reimbursement deadlines
under the grant. For example, the City was unable to receive all reimbursable expenses under the grant in recent
years because of difficulty aligning vehicle and equipment expenditures with the grant deadline. The smaller grant
award is also insufficient to cover the cost of FTEs and all the vehicles and equipment needed by those FTEs.
The reduced grant award created a budget shortfall for ongoing costs would be covered by the General Fund:
$273,236 for ongoing supplies and equipment, and
$225,456 for ongoing police officer salaries
One-time costs covered by the General Fund include:
$262,600 transfer to the Fleet Fund for vehicles
$72,390 for 19 body cameras and associated software licenses
$44,150 transfer to the IMS Fund for computers, software, mobile data terminals, and radios
FY 24-25 State Homeless Mitigation Grant Officer Costs ($877,832
STRAW POLL REQUEST: The Administration is requesting a straw poll on the $262,600 for new police vehicles
so the Fleet Division may initiate paperwork to place the order while the manufacturer is still accepting new
orders. The purchase order could not be finalized until the Council formally votes to adopt this budget item.
Vehicle manufacturer ordering windows have become less predictable in recent years.
A-5: Downtown Capital City Revitalization Zone 0.5% Sales Tax Budget $25,982,860 ongoing in a
new dedicated fund)
Following the action by City Council to adopt the participation agreement and project area with the City and
Smith Entertainment Group, this item is to address the anticipated 0.5% sales and use tax revenue and expense
(budget) for the remainder of Fiscal Year 2025.
It is anticipated that this action will result in approximately $25,982,860 in revenues for the remainder of the
fiscal year, resulting in expenses of $25,982,860. The annual budget estimate is approximately $56,484,479. As
the agreement and notice period become finalized, a new Fund will be established and Finance staff will ensure
adequate accounting measures to track, report and monitor the Downtown Revitalization Zone Sales Tax.
The Council voted to endorse the proposed participation agreement and project area on July 9, 2024, and
submitted notice of the Council’s endorsement to the Revitalization Zone Committee on August 30, 2024. The
Revitalization Zone Committee approved the endorsed project area and participation agreement on September 17,
2024. The City Council adopted a resolution on October 1, 2024.
Per the Participation Agreement, the Administration plans to bring to the Council in a budget opening later this
fiscal year a proposal to create the Public Benefit Account for ticket fee revenue and the 1% of sales tax revenues to
cover the City's administrative expenses.
A-6: 3200 West Complete Street Additions ($100,000 one-time from the Quarter-cent Sales Tax
for Transportation Fund Balance)
This request would fund a new opportunity to add sidewalks and bike lanes to bridge a gap in the active
transportation network, connecting to West Valley City. 3200 West is a city arterial street which crosses under the
201 Freeway. UDOT is replacing the 201 Freeway bridge over 3200 West, which presents an opportunity for
changes under the bridge -- a tricky spot for walking and bicycling due to a lack of bike lanes and disjointed
sidewalks. This project would improve sidewalks and crosswalks, as well as add bike lanes under the bridge and
through the interchange. UDOT's project is scheduled for 2025 construction.
UDOT only recently extended the opportunity for these active transportation improvements to be added to the
bridge project and has asked the local municipalities (Salt Lake City and West Valley City) to contribute toward
adding these safety improvements.
Transportation would like to consider using the County 1/4 cent Transportation fund for this request versus using
General Fund balance.
In the annual budget, the Council appropriated $2 million one-time for the Livable Streets Traffic Calming
Program from the Quarter Cent Sales Tax for Transportation Fund Balance (separate from General Fund
Balance). The Council expressed an interest to continue annual funding for that program to reach all high need
neighborhood zones. It's estimated that there's $1 million remaining unappropriated in the Quarter Cent Sales
Tax for Transportation Fund Balance but this is pending confirmation by the annual financial audit in December /
January. Alternatively, there is existing complete streets funding from CIP that is eligible to be used for this
project.
Section D: Housekeeping Items
D-1: City Hall Earthquake Repair Insurance Funds Rescope ($3,488,282 rescope in the CIP Fund)
In Fiscal Year 2023 $7,252,300 was accepted by FM Global to pre-load funds for earthquake repairs to City Hall.
Of this amount, $3,764,018.74 (pending final invoicing) was spent and $3,488,281.26 is remaining. The project is
now being closed out and under warranty. The remaining balance has been approved by the insurer to complete
multiple repairs to other facilities that have been deferred thus far. Since the earthquake damage was considered a
one ‘loss event,’ all the FM Global funding is coming from one so-called ‘bucket.’ Since the City-County Building
repairs are complete, this request is to place remaining funds in a holding account for FM Global-approved
earthquake repair expenditures. This amount could change as projects are further along. When all repair projects
are closed out, the remaining funds will be returned to FM Global. These funds are all insurance proceeds and will
not impact the General Fund.
The Administration provided the below list of City buildings with eligible expenses from damage caused by the
March 2020 earthquake. The damage to these facilities was less critical than to City Hall.
Site/Location Anticipated
Completion Date
Fire Station #8 March 2025
Fire Station #14 December 2025
Pioneer Police Precinct April 2025
Public Lands Administration
Building May 2025
Fleet Shop Building April 2025
Police Training Facility June 2025
Jordan Park Maintenance Bldg June 2025
Rose Park Golf Maintenance Shed June 2025
RAC Athletic Complex North Building June 2025
Compliance Building 212 E 600 S June 2025
234 E 600 S June 2025
Central Business District 240 E 600 S June 2025
Facilities 248 E 600 S June 2025
Justice Court Building 333 S 200 E June 2025
D-2: Fleet Encumbrance Reappropriation ($10,580,117 from Fleet Fund)
This is the Fleet encumbrance rollover for vehicles that were committed to with the funds appropriated in Fiscal
Year 2024 or earlier, but that have not been received or completed and put into service. A summary of rollover
amounts is included below. An additional small amount of prior-year funding was encumbered for software
upgrades, a purchase that was also not fully expended by year-end.
Fiscal Year 2023 Orders: $2,863,947.37
Fiscal Year 2024 Orders: $6,502,52616
Upfit costs for all listed vehicles: $1,213,643.47
Total Rollover Request: $10,580,117.00.
D-3: WITHDRAWN
D-4: Landfill Projects ($7 Million one-time in the CIP Fund; Budget Neutral from County
Reimbursements)
The landfill CIP account was funded with $1.5M for various landfill projects that have been ongoing. The funds
placed in the account are applied to individual projects and then reimbursed by the County back to the General
Fund – which are considered as equal expense and revenue.
With the Council approved Environmental Engineer position, projects have been moving along at a much quicker
timeline. The now-current project module is for the "South Header and methane collection wells" - for capture of
methane gas emitting from the landfill which is then used for energy production. The construction start date has
now moved up to Spring '25. This $7M project will need funding secured before going out to bid this winter. The
accelerated construction timeline is why this item is coming to the Council in a budget amendment.
D-5: Additional Funding for Kensington Neighborhood Byway (Rescope $103,182 of CIP funds
and $42,833 of transportation impact fees both from a cancelled project)
This request is to rescope funds from the existing Appropriation for 1300 S Bicycle Bypass (pedestrian) and the
project for the- 1300 S Bicycle Bypass to construct a different bypass route than was originally envisioned at the
time of the original CIP application in fiscal year 2015. The original east-west bypass route was to parallel 1300
South to the north; the east-west Kensington Neighborhood Byway parallels 1300 South to the south.
The original northern route became unfeasible after a lengthy design process as UDOT declined to permit a new
bicycle/pedestrian crossing of State Street at Edith Avenue (1195 S) or Kelsey Avenue (1180 S) due to close
proximity to the 1300 South signalized intersection. A portion of the original appropriation was used to make
safety improvements to the TRAX rail crossing at Paxton Avenue, which then connects to existing bikeways on
Main St. This leaves two funding sources as outlined below, both dedicated to the 1300 South Bicycle Bypass.
The East-West Kensington Neighborhood Bypass runs parallel to 1300 South at approximately 1500 South and
will serve as a preferred bicycle route and alternative for those traveling East-West in the Ballpark neighborhood.
The other funding source, a federal grant from the Wasatch Front Regional Council, has already been rescoped to
fund the Kensington Neighborhood Byway. This request seeks to add the City's portion of the 1300 S Bicycle
Bypass to resolve a budget gap in the Kensington project, as UDOT has given approval for more significant
improvements at State Street and 700 East compared to the budget developed for the original Kensington funding
applications.
There is also an associated impact fee cost center tied to the original appropriation for 1300 S Bicycle Bypass
found in the 1300 S Bicycle Bypass (pedestrian) for $42,832.69. In consulting with the CIP Finance team, these
funds will either need to be used on a project or returned to the Street/Transportation impact fee Fund.
The Council recently appropriated $970,000 in FY2025 CIP for urban trails most of which is anticipated to go to
this project’s expanded scope. The Kensington Neighborhood Byway project has a current budget of $2,472,823.
The additional funding proposed in this item would increase the budget to $2,618,838. If this item is approved,
then the project’s expanded scope is expected to be fully funded.
D-6: Racial Equity in Policing Commission Recommended Trainings for the Police Department
($240,950 one-time from the Nondepartmental Public Safety Reform Holding Account)
At the time of publishing this staff report additional information was forthcoming on this item.
D-7: Prosecutor’s Office Changes since Budget Amendment #1 ($280,269 back to General Fund
Balance; removing City Prosecutor FTE; and Rescope $50,000 in the CIP Fund for Fifth Floor of
City Hall feasibility and structural study)
This item is in response to a previous item noted on Budget Amendment 1. In Budget Amendment 1 (Item A-1), it
was noted that the District Attorney's Office provided the City Attorney's Office notice of intent to termination the
interlocal agreement between the city and County. This item was to bring the function and various staff under the
City, resulting in termination of the contract effective December 31, 2024.
Following ongoing discussions, it was determined that the agreement will remain in place as is for the foreseeable
future. As a result, this item is to reverse the budgetary impacts and actions outlined in Budget Amendment 1.
It is important to note, however, that two (2) of the positions outlined in BA1 are proposed to remain as new,
ongoing FTEs. The two (2) new FTEs are outlined below. The City Prosecutor FTE would be removed and the
associated budget returned to General Fund Balance.
(1) Senior City Attorney – Class 39. The anticipated cost for 8 months is $157,635.74 in FY25, or $236,452
annually and; (1) Deputy Director of Administration - City Attorney’s Office – Class 40 (New position). The
anticipated cost for 9 months is $186,547 in FY25, or $248,729 annually.
Additionally, in BA1, the administration proposed $280,000 be rescoped and transferred to the CIP Fund to lease
office space, utilities, tenant improvements, furniture, fixtures, and equipment. Following council discussion, the
amount was increased to $472,298. This action is also being reversed, however, $50,000 is to remain in the CIP
Fund to conduct a feasibility and structural study for the current City Attorney’s (department) office space at City
Hall and the remainder of the Fifth Floor.
D-8: 911 Department Reclassifying Two Positions (Budget Neutral)
The 911 Department is proposing to reclassify an existing appointed executive assistant at pay grade 26 to a merit
Business System Analyst at pay grade 28. The change is intended to increase the technical expertise within the
Department and improve collaboration with IMS.
The second reclassification is an existing appointed deputy director at pay grade 32 to a merit assistant director at
pay grade 31. There are currently four merit assistant directors in the 911 Department which would increase to five
under this proposal. The assistant directors have been described as like division directors which are typically
appointed. There would no longer be a deputy director position in the 911 Department. A job description for the
assistant director position is available as Attachment 3.
Both reclassifications would change appointed positions to merit positions. The Administration included an
update to the Appointed Pay Plan in the transmittal that would require Council approval. The net impact of the
pay grade changes is estimated to be budget neutral so no additional funding would be needed.
Policy Question:
No Deputy Director in the 911 Department – The Council may wish to discuss with the
Administration how the 911 Department would function without a deputy director, especially in stances
when the director is unavailable. Over the years, some departments have proposed removing deputy
directors and the Council approved it but later the departments returned requesting to restore the deputy
director positions. This most recently occurred with the HR department.
D-9: University of Utah Donation for Sunnyside Park Improvements ($4,200,000 one-time)
The City received a donation from the University of Utah for $4,200,000 for improvements at Sunnyside park
(See Initiative F-2). This funding has been received through the Donation fund and will be transferred to the CIP
fund to facilitate the improvements planned for Sunnyside park.
D-10: Expense Budget Transfer from Non-departmental to the Police Department and Fire
Department for Wages ($2,131,513 from Non-departmental; $1,047,521 to the Fire Department
and $1,083,992 to the Police Department)
As part of the Fiscal Year 2025 Adopted Budget, budget was captured in Non-departmental to account for the
additional budget necessary to support increased Police and Fire wages because of updated MOUs. This item is to
transfer those funds from Non-departmental to the Police and Fire Department budgets, as follows:
General Fund: $1,854,416
Funding Our Future: $277,097
Fire Department: $1,047,521
Police Department: $1,083,992
Staff note: Items E-1 through E-4 are capital projects receiving nearly $10.4 million in grants from the State Transit
Transportation Investment Fund or TTIF. The City Transportation Division provided a presentation about these
four projects which is available as Attachment 2.
Section E: Grants Requiring No Staff Resources
E-1: TTIF 200 South Transit Corridor Project ($1,800,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $1,800,000 for
the purpose of completing the 200 South Transit Corridor project. Project Description: The 200 South Transit
Corridor Technology Upgrades will evaluate bus transit operations on 200 South between roughly 600 west and
University Street and identify strategies for improvement. The focus of the project will be on improving bus
operations through upgrades to intersection controls, which will likely include a combination of transit signal priority
(TSP), detection systems, cabinet/controller hardware, fiber optic communication, and connected vehicle (V2X)
systems. Salt Lake City has already made significant investments to rebuild the street to establish a Business Access
and Transit (BAT) lane and boarding islands; this project follows the initial roadway construction with focus on
transit operations and technology upgrades to further enhance the transit capacity and safety of the 200 South Transit
Corridor.
E-2: TTIF 400 South Multi-Use Trail ($6,356,000,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $6,356,000 for
the purpose of completing the 400 South multi-use trail. UDOT and SLC are partnering to create a multi-use trail on
the south side of 400 South from 900 West to 200 West, including the viaduct bridge over the railroad tracks. The
corridor is an important east/west connector and the project aims to maintain current vehicular capacity while
establishing a safe dedicated corridor for people walking, biking and rolling. The trail will feature art to enhance the
character of the surrounding area and make traveling along the trail an enjoyable experience.
E-3: TTIF West Temple Bike Transit Connections ($1,326,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $1,326,000 for the
purpose of completing the West Temple Bike Transit Connections. West Temple Bike Transit Connections-the project
will add buffered bike lanes in both directions of West Temple from Market Street to North Temple, improve
pedestrian crossings by adding medians and/or bulb outs and HAWK signals at the Market Street, Pierpont Street,
and 150 South crosswalks, and improve bus stops including bus boarding islands at a new protected intersection at
300 South.
E-4: TTIF Westpointe/Jordan Meadows Neighborhood Byway ($900,000 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability grant award in the amount of $900,00 for the
purpose of completing the Westpointe/Jordan Neighborhood Byway. The Westpointe/Jordan Meadows
Neighborhood Byway will integrate active transportation infrastructure into the local street network to create a north-
south route through the Westpointe and Jordan Meadows neighborhoods that runs west of and parallel to Redwood
Road. This project will improve bicycling and walking along this route and increase neighborhood access to the Green
Line TRAX and planned SLC Westside Transit Hub. This route will provide access to transit at several points; notably
to TRAX on the south end, along the route itself and on 700 North. Also, it will enhance connectivity to the Northwest
middle School, Westpointe Park, Escalante Elementary School and Utah State Office complex at 1950 West North
Temple.
E-5: FY24 COPS Law Enforcement Mental Health and Wellness Act ($98,786 from Misc. Grants Fund)
This budget amendment is to recognize the City's funding availability through a grant award in the amount of $98,786
for the purpose of providing wellness and mental health resources to the police department. Project Description: Salt
Lake City will receive a grant under the DOJ through the COPS Office. Salt Lake City will use FY24 LEMHWA funding
to support training for the Wellness team, peer mentoring training for Peer support team including a mobile wellness
app for employees and their families and accompanying training; and overtime for Peer Support Team to expand
services in the department.
E-6: FY 24 COPS Hiring Program ($1,500,000 from Misc. Grants Fund)
Staff note: This item is related to item A-3 earlier in the staff report which is the budget step to authorize 12 new
police officer FTEs on the staffing document and provide $1.6 million from the City's General Fund as the required
local match to the $1.5 million COPS hiring grant.
This budget amendment is to recognize the City's funding availability through a grant award in the amount of
$1,500,000 for the purpose of hiring 12 new officers. Project Description: The Police Department will hire 12 new
police officers to facilitate deployment of 12 current officers who will be assigned to newly created squads. The squads
will focus on crime reduction, community safety, and expansion of services in areas to include the City’s portion of the
Jordan River Trail, as well as City parks and other recreational areas and residential and business areas.
Section F: Donations
F-1: WITHDRAWN
F-2: University of Utah Sunnyside Donation ($4,200,000 from Donations Fund)
This budget amendment is to recognize the City receiving a donation from the University of Utah for $4,200,000 for
improvements at Sunnyside park. Per the donation agreement with the University, the University will provide $1.0
million within 30 days of the effective date of the agreement. The remaining balance will be deposited into a third-party
escrow account within 30 days of receipt of the City’s notice that it has completed its public engagement process to
determine the improvements.
Quarterly progress payments will be released to the City from the escrow based on a construction schedule mutually
agreed upon by the City and the University. Per the agreement, these funds must be used for the project determined by
the public engagement process. The City may not use these funds for deferred maintenance or repairs except as required
to accomplish new, renovated, or upgraded amenities and infrastructure. Per the agreement, the City may also use these
funds toward mitigating the loss of the softball fields currently in Sunnyside park to other City parks. The funds from this
donation will be deposited in the City’s Donations special revenue fund and transferred to a CIP fund to be used for the
Project (see Initiative D-10 for CIP Funding).
Section G: Grant Consent Agenda No. 4
G-1: Mental Health Services to First Responders ($47,556 from Misc. Grants Fund)
Funding to support a year of a comprehensive and data-driven mental health and wellness platform to enhance the
mental well-being of its first responders. A platform of this type will provide essential wellness tools for early
detection and intervention, including web-accessible peer support and a wellness resource toolkit accessible through
iOS and Android-driven applications offering clinically validated wellness sessions and learning modules specifically
tailored for first responders, their families, and retirees. This resource will provide first responders with the tools to
build resilience and maintain mental wellness. Additionally, this will cover the cost of two mental health trainings for
SLC 911 (Help is on the way for Dispatch Training and an Emotion Intelligence training for SLC 911 managers.).This
grant is provided by the Utah State Department of Public Safety. The Public Hearing was held June 11 ,2024.
G-2: Utah State Board of Education Snack Grant ($6,000 from Misc. Grants Fund)
The Division of Youth and Family Services submitted a renewal application for reimbursement to provide nutritious
snacks to Youth City participants during summer of 2024. The Public Hearing was held on July 9, 2024.
G-3: State of Utah, Department of Public Safety, Bureau of Emergency Medical Services (BEMS)
($9,642 from Misc. Grants Fund)
This is Salt Lake City's annual BEMS grant from the state. Under Utah Code Ann. 53-2d-207, BEMS is allowed to
award annual grants to emergency medical services providers from the EMS Per Capita grant funds to assist in
providing emergency medical services. The Public Hearing was held March 5,2024.
G-4: Emergency Management Performance Grant ($18,000 from Misc. Grants Fund)
This is Salt Lake City's annual BEMS grant from the state. Under Utah Code Ann. 53-2d-207, BEMS is allowed to
award annual grants to emergency medical services providers from the EMS Per Capita grant funds to assist in
providing emergency medical services. The Public Hearing was held June 11, 2024.
Section I: Council-Added Items
I-1: City Hall Physical Security Improvements Holding Account Release (
On June 26, 2024 the Administration sent a transmittal requesting the Council release $123,133 for two projects
described below. In Budget Amendment #5 of FY2023, the Council put $1 million into a CIP Fund holding account for
one-time to be determined physical security improvements to City Hall. If the Council approved releasing these funds,
then the holding account would have a remaining balance of $586,867. The Council previously approved releasing
some funds in January this year:$ $83,733 for Camera System Upgrades (hardware and software): The current
camera system in use throughout the City and City Hall, manufactured by Pelco, is outdated and its software license is
set to expire at the end of 2024.
Due to the outdated technology and expiring license, the cameras and servers they operate on require replacement.
The City will be migrating to Milestone's system for use in City Hall. Milestone has already been successfully
implemented by the SLC Police Department in the Public Safety Building. Transitioning to Milestone will ensure
enhanced security and uniformity across the City infrastructure. $39,400 is needed for Emergency Notification
System Upgrades (hardware in three buildings). Emergency Management will be transitioning from the current RAVE
emergency notification platform to Titan HST. The Emergency Management Division will cover the subscription cost;
however, there is a hardware component associated with this change that needs funding. The necessary hardware will
be initially installed at City Hall, Plaza 349, and the Public Safety Building to support this new system. This first phase
will inform future deployments of hardware at other buildings.
I-2: Request to Reappropriate Funds for Reconnecting Communities Federal Grant for Local Match
($1.24 Million – Funding Our Future’s Fund Balance)
This is a reappropriation as the local matching funds for a federal reconnecting communities grant the City was
awarded to study and recommend solutions to the east-west transportation divide created by several railroad tracks
and Interstate 15. The study has a total budget of $3.74 million. UDOT is acting as the financial administrator for the
City. The Federal Highway Administration preferred this arrangement in part because UDOT already has the systems
to regularly manage federal transportation funds and meet the compliance requirements. The funding sources are:
-$1.97 million from the federal reconnecting communities planning grant
-$1.24 million from the General Fund
-$500,000 from UTA
-$25,000 from the RDA
-$5,000 from Public Utilities
Staff has communicated to the Administration Council Member interest in submitting federal grant applications for
implementation construction funding. Those applications may need to be submitted before the study is finalized
which could be in two years. There are limited federal funding opportunities to implement the results of the study but
the largest federal grants are scheduled to only be available for two or three more years. Most of these construction
grants are authorized by the Inflation Reduction Act and Bipartisan Infrastructure Law. Congressional authorization
would be needed to extend most of these grants beyond the next two or three years.
Policy Question:
Request Local Matching Funds in Annual Budget for Construction Grant Applications – The Council
may wish to request that the Administration include local matching funds in the next annual budget in anticipation
of the City applying for implementation construction grants from the Federal Government. The U.S. Department of
Transportation has previously provided guidance that grant applications are more competitive when there are local
matching funds and a coalition of supporting organizations.
I-3: Ivory University House Student Housing Project ($350,000 from FOF for Year One / FOF
Housing Allocation to CAN for Years Two through Five)
Council Member Petro has requested the Council’s consideration on this item. The Ivory Foundation has approached
the City about contributing towards the Ivory University House, a student housing project they are building adjacent
to the University of Utah campus on land owned by the Church of Jesus Christ of Latter-Day Saints. The City does not
currently have a financing tool to facilitate the development of affordable student housing in the manner that the City
has financing tools to facilitate general affordable housing, which is why this is coming through a budget amendment
request. Additionally, while tax credit programs like LIHTC are available for income-qualified persons on an Area-
Median-Income (AMI) basis, no such tool exists to help facilitate affordable student housing. The following are
general aspects of the proposal:
-25% of the student housing would be set aside for graduates of Salt Lake City school district high schools who
qualify for the highest amount of financial aid as determined through the student’s Free Application for
Federal Student Aid (FAFSA). This would guarantee that the family of the student is need based and not just
the student. Those families would also likely qualify for many of the other affordable housing developments
that the City invests in.
-This would serve approximately 150 students per year.
-The City would allocate $350,000 per year for 5 years to the project, through the City’s Funding our Future
housing allocation for a total of $1.75 million. The initial year would come from Funding our Future fund
balance.
-The term of the deed restriction on the affordable spaces is proposed to be 30 years in exchange for the City’s
investment.
-The City would require annual reports including the number of students served.
The Administration is still working on details that could be included in a potential contract, should the Council
approve this funding. Because it would be a contractual obligation for 5 years, it would be included in Funding our
Future budget appropriations for the next 4 budget cycles and would be removed from the budget once the term of the
contract is complete.
Policy Questions:
Long-term City Strategy for Affordable Student Housing – The Council may wish to ask the Administration
if it would like to consider a longer-term strategy for the City to use its housing dollars to facilitate affordable student
housing for all of the universities and community colleges in Salt Lake City.
Council Approval of Final Terms – The Council may wish to make the funding contingent on approval of final
terms of the agreement.
I-4: PLACEHOLDER - Public Utilities Stabilization Fee Waiver for Instances of Non-use
At the time of publishing this staff report additional information was forthcoming on this item.
ATTACHMENTS
1. Council Request: Tracking New Ongoing Costs to the General Fund
2. Transit Transportation Investment Fund or TTIF presentation from the City’s Transportation Division on four
capital projects receiving TTIF funding
3. 911 Division Assistant Director Job Description
4. Appointed Pay Plan Redlined Version
ACRONYMS
BEMS – Bureau of Emergency Medical Services
CAFR – Comprehensive Annual Financial Report
CDBG – Community Development Block Grant
CREP – Commission on Racial Equity in Policing
CIP – Capital Improvement Program
COPS – Community Oriented Policing Services
DOJ – Department of Justice
FOF – Funding Our Future
FTE – Full time Employee / Equivalent
FY – Fiscal Year
GF – General Fund
iOS – I-phone Operating Software
IMS – Information Management Services
RAVE Alert – Mobile Emergency Notification System
UDOT – Utah Department of Transportation
ATTACHMENT 1
Council Request: Tracking New Ongoing Costs to the General Fund
Council staff has provided the following list of potential new ongoing costs to the General Fund. Many of these are new
FTE’s approved during this fiscal year’s budget amendments, noting that each new FTE increases the City’s annual budget
costs if positions are added to the staffing document. Note that some items in the table below are partially or fully funded
by grants. If a grant continues to be awarded to the City in future years, then there may not be a cost to the General Fund
but grant funding is not guaranteed year-over-year.
Budget
Amendment Item
Potential Cost
to FY2026
Annual Budget
Full Time Employee
(FTEs)Notes
#1
Item A-1 Attorney’s Office
Organizational Structure
Change
$722,888
3 FTEs:
1 City Prosecutor
1 Senior City Attorney
1 Deputy Director of
Administration
City Prosecutor $178,278 for 9 months/$237,704
annually
Senior City Attorney Class 39 - $157,635.74 for 8
months/$236,454 annually
Deputy Director of Administration Class 40 -
$186,547 for 9 months or $248,730 annually.
At the time of publishing this staff report, the cost to
lease office space is unknown. The cost could be more or
less than the current budget under the soon to be
terminated interlocal agreement with the District
Attorney’s Office.
#1
Item D-8
$171,910
1 FTE:
Capital Asset Planning
Financial Analyst IV
position
Inadvertently left out of the Mayor’s Recommended
FY2025 Budget. Position would be dedicated to impact
fees compliance tracking and reporting for new state
requirements. Impact fees fully reimburse the General
Fund for the position’s cost.
$2,945,957 grant
funding*
4 FTEs:
3 Officer positions
1 Sergeant position
*Amount of grant funding needed in order to fully cover
the ongoing costs including the new FTEs.
#1
Item E-1 Homeless
Shelter Cities Mitigation
Grant FY25
Costs currently paid for
by the Homeless Shelter
Cities Mitigation Grant in
FY2024 that might be
shifting to the General
Fund in FY2025 $662,760
For ongoing costs related
to 15 existing FTEs; the
grant funds a total of 23
FTEs
$662,760 is needed for ongoing equipment for all 15
officers. The Administration is checking whether existing
budgets could absorb some of these costs.
#2
Item A-2 Enhanced
Security at Justice Court
$200,000
A security report identified an issue needing to be
addressed immediately.
Budget
Amendment Item
Potential Cost
to FY2026
Annual Budget
Full Time Employee
(FTEs)Notes
#2
Item A-3 Community
Oriented Policing Svcs or
COPS Hiring Grant from
U.S. Dept. of Justice for 2
new Sergeants & 10 new
Officers FY 24-25
$1,285,642
in FY2026
For ongoing costs related
to hiring 2 new Sergeant
FTEs and 10 new Officers
in the Police Dept.
Ongoing costs include grant salary match plus vehicles,
supplies & equipment. After the 48 month grant period
ends, the estimated annual cost to retain the 12 police
officers is $2,071,325.
#2
Item A-4 Vehicles, Equip-
ment & Related Police
Officer costs not covered
by the Homeless Shelter
Cities State Mitigation
Grant FY24-25
$498,692 is
ongoing
For ongoing costs related
to the hiring of new
officers
Ongoing costs include ongoing salary increases, supplies,
body cameras, vehicles, and computers.
#1 & #2
D-7 Prosecutor’s Office
Changes since Budget
Amendment #1
(-$280,279)
back to General
Fund Balance
1 FTE Removed
City Prosecutor FTE
removed
Reverses a portion of budgetary impacts & actions
outlined in BAM#1, Item A-1.
TOTAL $6,207,570 38 total FTEs of which
15 are New FTEs
Note that of the total cost, $4.1 million would be needed
if the Homeless Shelter Cities State Mitigation grant is
not available for FY2026
Page | 1
INFORMATIONAL MEMO
CITY COUNCIL and REDEVELOPMENT AGENCY BOARD of SALT LAKE CITY
December 3, 2024
At the request of several Council Members, the Chair has scheduled a discussion on a proposal for a
change in leadership structure for the City Council and Redevelopment Agency Board.
The proposal would alter the overall leadership structure of the Council/Board, with one Chairperson,
and two vice-chairpersons. One of the vice-chairpersons would assist the Chair in their duties with City
Council agenda setting and related matters, and the other vice-chairperson would assist the Chair in
their duties with RDA agenda setting and related matters. There is no legal requirement for the RDA
Board to elect separate persons to serve as RDA Chair/Vice Chair than the Council Chair/Vice Chair,
although it has historically been the City’s practice for those to be four different people. Under the
proposal, there would be three leadership positions.
If the Council is interested in this concept, staff can request the Attorney’s office prepare two resolutions
– one that would amend the Bylaws of the Board of the Redevelopment Agency of Salt Lake City, and
one that would amend the Council Rules of Procedure.
The Board and Council would need to act on both during RDA and Council Meeting on December 10 in
order for changes to be effective in time for the first meeting in January, when those positions are
selected.
If a majority of the Council/Board approve these resolutions, the Council/Board may also wish to
consider how this may affect the proposed ordinance adding leadership stipends, which is also slated for
consideration on December 10th. By way of reminder, the current draft ordinance sets leadership
stipends as follows:
Council Chair: $3,000
Council Vice Chair: $2,000
Redevelopment Agency Chair: $1,500
Redevelopment Agency Vice Chair: $1,000
The Council may also wish to discuss some of the logistical implications of this type of change, such as:
Who would attend Chair and Vice Chair meetings and how frequently? If three Council Members
are in leadership, would meetings be scheduled with all three?
How would RDA staff be involved in Chair and Vice Chair meetings?
Who would Chair the RDA Meetings?
How would City and RDA policy issues be decided?
Who would be the official spokesperson for the RDA?
How would seniority among Council Members and leadership be handled?
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A.38 COUNCIL OFFICE TRAVEL, TRAINING, AND CAPACITY BUILDING (11/2024)
“Government is a trust, and the officers of the government are trustees; and both the trust and the
trustees are created for the benefit of the people.”
-Henry Clay, Speech at Ashland, Kentucky, March 1829
The Council Office follows the City’s travel policy found in Title 53, Chapter 23 of the Salt Lake City
Policies and Procedures Manual (City Policy). The following policy is specific to the Council Office and
Council Members. City Policy is referenced in multiple places throughout this policy. Any updates to the
City Policy affecting excerpts quoted here will be incorporated accordingly. Unless otherwise specified
here, City Policy applies. This policy supersedes the City policy in cases where the policies may differ.
This policy is subject to revision over time.
1. Policy Basis for the City Council’s Travel, Training and Capacity Building
Approach:
The City Council finds that a well-informed City Council is important to the success of Salt Lake
City, and that high quality and readily accessible learning opportunities are essential, due to the
complex and significant decisions Council Members face.
The Council further finds that participating in local educational and networking opportunities,
traveling to conventions where there is an opportunity to hear from and converse with experts
and meet peers from other cities, making site visits to see programs being implemented, and
participating in national learning opportunities both in person and via the internet are the most
efficient ways for Council Members to obtain and expand their store of City-related knowledge.
The Council bases its conclusions on the following:
i. The Legislative Branch of Salt Lake City government has formal legal responsibilities to
the organization of Salt Lake City and directly to the taxpayers.
ii. City Council Members are elected from the general population and come to the position
with differing sets of expertise that can most effectively benefit the City taxpayers if
Council Members have the opportunity to apply their personal knowledge and
philosophies to the context of local government.
iii. Council Members must make important decisions starting their first week and
intensifying within their first six months in office. They could be faced with bonding,
zoning, budgeting, policy and oversight decisions within hours of taking office. The State
Legislature begins voting on issues that can significantly affect the City approximately
two weeks after new Council Members are sworn in. The Council will evaluate, refine
and adopt a City budget in the range of $2 billion within the first six months of being
office.
iv. Local office may be a Council Member's first direct association with a governmental
entity. Government service has different transparency, ethical, fiscal and legal
obligations from those in the private sector. Council Members must gain and retain a
strong working knowledge of those requirements throughout their term in office.
v. As the Capital City of Utah and as a business, medical, innovation and educational hub in
the Intermountain West, Salt Lake City faces unique opportunities and challenges.
vi. Constituents, property owners and business operators rely upon elected officials to be
current with best practices and innovative approaches to problem solving.
vii. It is more cost-effective to learn from the successes and failures of other cities than to
reinvent the wheel. Learning from those with experience increases the odds of successful
implementation for Salt Lake City.
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viii. Just as ‘a picture is worth a thousand words,’ personally observing how a program
operates in another City is a valuable learning experience; it allows one to consider how
the situation is the same or different than Salt Lake City, and helps identify potential
improvements and avoid potential pitfalls. Direct discussions with on-site experts can
provide first-hand background information and advice.
Travel outside of the City is a cost to taxpayers, and merits close scrutiny by the public. By
adoption of this policy, the Council has established accountability standards that tie the
expenditure of taxpayer funds to achieving the public purpose the travel is intended to meet.
2.Purpose: City Policy Ch.23 2.4, “Travel will be approved only to transact official business,
attend official and professional meetings, and participate in conferences and training sessions
necessary to promote the efficient conduct of the City’s affairs.”
It is the Salt Lake City Council’s policy that the conferences and meetings it funds:
i. Are consistent with legal requirements and Salt Lake City’s missions, objectives, and
policies;
ii. Represent an efficient and effective use of taxpayer funds; and be able to withstand
public scrutiny.
Participants in travel funded by City taxpayers must conduct business, including conferences
and meetings, consistent with these tenets. Meeting attendance shall be for the purpose of
education, information and the exchange of experiences in municipal operations. Council
Members traveling to other cities and attending conferences is a benefit to taxpayers, and
lessons learned will result in better development and services for residents.
3.Ethics Statement: That public office is a public trust has long been a guiding principle of
government. To uphold this trust, the City Council has bound itself to abide by certain standards
of conduct.
Council Members should:
i. Conduct themselves at all times in a manner that reflects creditably on the Council;
ii. Abide by the spirit as well as the letter of the City and Council policies;
iii. Adhere to the ethical standards expressed here and in the Council’s code of conduct;
iv. Adhere to the Utah Open and Public Meetings Act (OPMA) by avoiding policy, budget
and issue conversations in contexts that should legally be conducted in Salt Lake City in
an open and public meeting. Council Members have a duty to carefully balance the
opportunity to learn from other cities with the duty to not hold any discussion in which a
majority of the Council Members are present.
4. Definitions. For the purposes of this section, the following definitions shall apply
unless the context clearly indicates or requires a different meaning. Definitions set
forth in the Salt Lake Policies and Procedures manual also apply here.
i. ABBREVIATED TRAVEL. Attendance at a conference or convention where the registrant
will not attend all the days offered and must depart early or arrive late.
ii. ELIGIBLE EXPENSE. An expense for which the City may provide reimbursement, or a
Council Member may use a City travel credit card, as outlined here and in Salt Lake City
Policies and Procedures Title 53, Chapter 23, Section 5.
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iii. ENTERTAINMENT. Excepting entertainment included in the base registration for an
event, includes, but is not limited to, shows, amusements, theaters, circuses, sporting
events, or any other place of public or private entertainment or amusement.
iv. GRATUITY/TIP. Voluntary payment in excess of baseline charge for meals, services or
transportation.
v. GUEST. A personal companion or relative who is not eligible for taxpayer-funded travel.
vi. INCIDENTAL EXPENSES. Include fees and gratuities paid to hospitality workers,
baggage handlers, and others.
vii. OPEN AND PUBLIC MEETINGS ACT (OPMA). State law Title 52 Chapter 4, governing
transparency and noticing requirements for meetings of public bodies.
viii. PER DIEM. Meaning “per day,” per diem is provided to travelers as an allowance for
meals and incidental expenses and calculated according to federal standards.
ix. PUBLIC BUSINESS. A public purpose which is required or useful for the benefit of the
city to carry out the responsibilities of city business.
x. REASONABLE COST. City Policy Ch. 23 3.12: “Least costly means of accomplishing
business objectives, considering the nature and purpose of travel, the value of the
traveling employee’s time, and the reputation of the City.”
xi. TRAVEL. Any expenditure directly incident to official travel by employees and officers of
the city or by wards or charges of the city involving reimbursement to travelers or direct
payment to private agencies providing transportation or related services.
xii. TRAVEL EXPENSE APPROVING OFFICIAL/AUTHORITY: The City Council Executive
Director is the travel expense approving official for City Council staff members who are
traveling on City business. The City Council Chair and Vice Chair and, if requested, the
full City Council, will serve as the travel expense approving authority for City Council
Members who are traveling on City business.
xiii. TRAVELER. Any Council or staff member traveling on behalf of the City, using taxpayer
funding.
5.Policy: Council Members may travel to conferences and conventions related to City business.
When traveling, Council Members are expected to extract maximum value from the
conference/trip and will attend as many sessions/tours as practicable, with an eye towards
attendance at sessions that directly relate to issues facing Salt Lake City. Council Members
represent the City at all times and shall adhere to the code of conduct.
i. All travelers must adhere to federal, state, and local laws governing taxpayer-funded
travel.
ii. City Policy Ch. 23 4.1G: “Any Traveler accepting complimentary trips shall comply with
the City’s conflict of interest ordinance.”
iii. City Policy Ch. 23 Ch.23 4.2:
“A. All employees responsible for traveling decisions and approving travel
requests shall make fiscally responsible choices.
B. Approving Officials shall exercise due diligence to ensure that expenses
associated with travel are reasonable and necessary for the conduct of City business
and are within budgetary limits and in compliance with this Policy.
C. All travel requests must be screened to limit trips, the number of individuals
traveling, places to be visited, itineraries, and durations to those that are essential
to the performance of the Department mission.
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D. Authorization for travel is limited to and shall only be approved for
conferences, trainings, conventions, and other functions from which the City
derives a specific benefit through attendance by the Traveler. As reasonably and
operationally practicable, Travelers and Approving Officials shall consider other
means of participation for training-related and other functions such as webinars or
conference calls in lieu of traveling.
E. Any expenses submitted for reimbursement may be reviewed and rejected by
the Finance Department for noncompliance of this Policy. All decisions are final.”
xiv. Open and Public Meetings Act (OPMA) Considerations: Council Members’ City-
sponsored travel often falls within two broad categories: large, national conferences with
attendance ranging from hundreds to thousands, and smaller conventions and fact-
finding trips with a few dozen attendees.
i. Large professional conferences are widely recognized as allowed under OPMA,
because:
1. Council Members are participating with a large group of elected officials
from throughout the country, state or region. The conversation is not Salt
Lake City specific;
2. It is not likely that a majority of the Salt Lake City Council Members
would attend the same workshop, since multiple options are offered at the
same time;
3. There is generally no interaction that could be considered lobbying or
advocacy from any entity or individuals, particularly any entity or
individuals who have been or will be before the City Council with a
request for action; and
4. Council Members select sessions to attend from among a variety of
sessions. There is no expectation from sponsors for the Council Members
to attend a particular session or event.
ii. For smaller conferences, the Council has identified criteria to preserve
compliance with OPMA and facilitate their attendance at the function in a way
that is open and transparent. Council staff can communicate with organizers and
hosts to request accommodation for these criteria. Council Members can
reasonably attend events that:
1. Are open to participation for a wide range of people, rather than limited to
a list of invited participants, either officially or as a result of limited focus
and exposure/availability of information about the conference;
2. Are priced within the range of professional conferences, so that the
attendance is not prohibitive for all but limited segments of the
population to attend;
3. Are publicly announced at least four months in advance, to allow
interested parties to make arrangements to attend;
4. Allow news media attendance; and
5. Make outreach efforts to include historically disadvantaged
representatives in the travel.
iii. Occasions where the Council should seek guidance from legal counsel include
invitations from organizations or hosts/sponsors that:
1. have had a request for action before the City Council in the past year
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2. reasonably expect to have a request for action before the City Council in
the next one to two years
3. have representatives in attendance at the function who will participate in
the conference and interact with elected officials
4. have an expectation that the Council will engage in conversations that
relate directly to City business at the function, outside of an open and
public meeting
5. have an expectation that they will have time and communication
opportunities with the City Council Members beyond the time that they
would have if they were not sponsoring the trip
6. provide one or more informational or educational sessions that align with
the position of the sponsors or host and do not include information or
education opportunities that provide opposing points of view or pros and
cons relating to the subject.
v. National Travel: Pre-authorized conventions are:
National League of Cities (NLC) – Congressional City Conference;
Washington, D.C.
National League of Cities – City Summit; Location rotates
Utah League of Cities and Towns (ULCT), Mid-Year Conference; St.
George
Downtown Alliance – Urban Exploration
American Planning Association (APA) Annual Conference
Mpact Transit + Community Annual Conference
i. Any and all Council Members may attend the ULCT conference in St. George and
the NLC conference in Washington, D.C.
ii. The remaining conferences are limited to three Council Members per trip. This
minimizes transparency and open meetings concerns. If more than three wish to
attend the same conference, Council Members who have attended fewer
conferences in a calendar year or have attended the conference in question least
recently shall be given priority to attend the conference.
iii. When a Council Member expresses interest in traveling to a conference,
convention or seminar, beyond the pre-authorized opportunities, Council staff
will prepare information for the briefing session, and a motion for the Formal
Meeting, to be considered under “New Business.”
iv.If a Council Member has scheduling limitations that preclude them from being in
the convention city for the full conference, they are encouraged to weigh the
benefits that can be experienced during an abbreviated trip, and travel only if
they determine that the taxpayers will still receive value for the investment of the
travel funds. The Chair may determine that an abbreviated trip is acceptable if a
Council Member is asked to represent Salt Lake City to accept an award when
others are not available to represent Salt Lake City.
vi. International Travel. International travel is not typically part of the Council's travel,
training and capacity-building program. Rare exceptions may be made by the Council,
after a public discussion reviewing the benefits of the travel to the City taxpayers. Travel
limitations outlined elsewhere in this policy may be waived by the Council when
evaluating the benefit to the taxpayers in the case of participation with a board. No
international trips are preapproved. Rare occasions where it is appropriate for Council
Members to travel internationally in the performance of their duties include, but are not
limited to, the list below. If such an occasion arises, Council Members may each be
6
permitted one international trip per elected term. Staff typically does not accompany Council
Members on international trips; exceptions may be determined by the Council Staff Executive
Director.
Sister City Delegations
Olympic Host City duties
State-sponsored trips
vii. Staff: Since the Council is committed to a well-trained professional staff, the Council
budgets for one conference approximately every year per professional staff person within
existing budgetary constraints, as work schedules allow and with approval of the
Executive Director. Special circumstances for professional required education and travel
specific to job assignment and Council Member support needs will be considered by the
Director.
6.Council Member Travel Expenses
i. City Policy Ch. 23 4.2A: “All employees responsible for traveling decisions and approving
travel requests shall make fiscally responsible choices.”
ii. City Council Members sometimes represent Salt Lake City Corporation, and therefore
the City taxpayers, on boards established by the State of Utah or other organizations. To
keep the public records abundantly clear that the Council Member represents the
interests of the City taxpayers in their service on the board, the Council Member shall
not travel at the expense of the State or other organization to which the Board relates.
iii. Upon consent of the Council majority, Members may travel to conferences, conventions
or seminars at the expense of the Council Office.
iv. When traveling on City-related business, the office coordinates and directly pays for
registration, flights and hotel arrangements, and advances funds for Meals and
Incidental Expenses (M&IE), following federal standards for Per Diem rates. Any other
eligible expenses such as transportation may be paid using a City travel credit card, with
receipts retained and provided to the Council Office upon the conclusion of the trip.
i. Staff will follow the Americans with Disabilities Act and arrange accommodations
consistent with formal documentation provided to the City.
ii. Gratuities and Incidentals. Guidelines on reimbursable gratuities are below:
1. ADA Assistance: A gratuity paid based upon assistance or an
accommodation necessitated by a documented disabling condition is
reimbursable. (Airport wheelchair assistance, handling of a wheelchair or
other assistive device, etc.)
2. Meals: Tips/gratuities for meals are included in the Federal calculation of
the meal expense, so travelers will not be reimbursed for those expenses.
3. Transportation (Taxi, Van, Ride-Hail, Rideshare): Travelers may be
reimbursed for a tip/gratuity of up to 20 percent paid to the
transportation provider. Tip amounts beyond 20 percent are considered a
personal expense and are not reimbursed.
a. Additional charges or gratuity for multiple passengers:
i. A gratuity or incremental charge for personal guests or
transportation with peers while not on official City
business is a personal expense and is not reimbursed.
ii. A gratuity or incremental charge paid so that others from
the City or related organizations can share a ride is
reimbursable, so long as the ride destination is specifically
tied to a City public purpose. (Airport to and from the
hotel, traveling together to a conference on-site seminar or
tour, etc.)
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7. Courtesy Transportation: Tips for courtesy transportation services are
reimbursable (hotel shuttle).
8. Hotel Staff: Tips to hotel staff are not reimbursable because the Federal
Government includes incidentals in the per diem calculation. (Incidentals
are defined as tips/gratuities, hotel business center
coping/scanner/printer/ fax charges, baggage services, laundry, etc.)
9. Use of the business center for projects on behalf of the City is
reimbursable, and a gratuity for expedited service or assistance would be
reimbursable.
10. Package, Shipping Receipt, Mail Service: travelers may need to pick up
something that has been shipped to the hotel for official City business. A
gratuity is typically paid to the mail room and is reimbursable.
11. Concierge Services:
a. A gratuity for advice on a restaurant, entertainment, or direction is
a discretionary personal expense that is not reimbursable.
b. A gratuity to a concierge whose assistance is urgently needed to
achieve a City public purpose may be reimbursable and can be
considered for reimbursement on a case-by-case. Examples may
include finding a location for experts and a group of City
representatives to converse or contacting delivery services to
arrange for a last-minute delivery of City materials. Council
Members can rely upon Council staff, rather than a concierge, for
most situations of this nature.
i. City Policy Ch. 23 Section 5 excerpts: “Meals via Per Diem & Cash Advance:
A. All meal and incidental expenses will be provided on a per diem
basis in the event of overnight travel. Per diem rates are established by
the GSA for federal travel conducted in the CONUS and
internationally.
i. For the first or last day of travel, a Traveler is limited to
75% of the applicable per diem rate for meals and incidental
expenses. However, if the Traveler leaves before 9:00 am or
the Traveler returns after 6:00 pm on the first or last day, the
Traveler is eligible for 100% of per diem for those days. …
… E. Personal meals must not to be purchased on a City credit card. …
… I. The Traveler shall return the per diem cash advance within ten days
after the travel is cancelled or changed. The Traveler must submit a cash
receipt showing proof of payment. When cash is not returned
immediately, the City may deduct the amount of the per diem cash
advance from the Traveler’s wages.
J. The Traveler is responsible for any cash per diem that is lost or
stolen.”
ii. Many factors may affect whether travelers will be available for group mealtimes
that are included as part of conference registration or hotel registration. The
Council therefore finds that it is cost-effective to provide the full per diem to
travelers and not attempt to adjust the dollar amount both before and after the
8
fact based on other provided meals. The time to administer that process exceeds any potential
savings to the taxpayers.
v. Group Meals: As a gesture of goodwill toward officials from other cities, Council
Members may find it appropriate to organize a meal for collaboration. In these
cases, the City would pay for the meal and gratuity for all in attendance.
1. A City traveler can pay for the group meal, within the following
parameters:
a. No liquor can be paid for by the City. Participants can ask for a
separate beer and liquor bill and pay the cost personally.
b. Occasionally, public officials travel with a guest. If the dinner or
lunch is held during a time that would otherwise be free from
conference activities, officials are significantly more likely to make
themselves available to attend if their guest can join them. It is in
the City’s interest to facilitate conversations among officials;
therefore, it is also in the City’s interest to cover the dinner costs
for the guest. It should be noted that it is rare for the City to cover
a cost for a guest; dinner with other officials is an exception.
c. Avoid exclusive or high-end specialty venues that could be
considered excessive by constituents. As a rule of thumb, a formal
restaurant with a quiet group seating area is justified; a grandiose,
opulent, or extravagant restaurant or restaurant fare would not be
acceptable for the use of taxpayer funds.
d. As the meal for city travelers is covered by the daily per diem, the
traveler is required to return the amount designated by the
formula for the meal. This can be accomplished with the staff
when the travel is settled.
e. The individual who pays for the meal may use a City Travel Card
or may request reimbursement. They shall provide the Council
Office with the itemized receipt, a list of all attendees; and a note
identifying the public purpose of the function.
f. City travelers having a meal together without the above
justification of networking benefits with other parties are best
protected from criticism if each pays their own meal cost.
Although more convenient, charging a group meal to the City and
returning the portion of the per diem allocated for that meal may
inadvertently result in a City traveler receiving more funding than
is permitted.
vi. City Policy Ch. 23 5.5 B-C
B. “Trips that bundle lodging, meal, and other travel costs are not
allowable under this Policy unless approved by the Finance
Department upon demonstration by the Traveler that the cost of the
bundled trip does not exceed the component costs of the trip as
allowed under this Policy. In cases where breakfast is included in the
room price, it shall be stated in the per diem worksheet.
C. Non-mandatory hotel related fees for bundled services (such as resort
fees or health club fees) are not City-approved costs unless at least one
of the bundled services related to the fee is essential for conducting
City business. Mandatory hotel related fees will be reimbursed with
submission of itemized receipt.”
vii. Transportation:
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12. City Policy Ch. 23 2.5: “The Traveler must secure the most reasonable
means of travel to balance cost, travel time and work requirements”
13. When considering transportation, the Council Office is to choose and/or
reimburse for the fastest practical option for the nature and purpose of
the official business, and shall not book a flight without approval by the
Council Member. Council Members are encouraged to respond promptly
to options provided by the staff to preserve the opportunity to get
reasonable fare. Other staff considerations for booking should include:
a. Total cost (actual transportation costs, per diem costs, overtime
expenses, and lost time from work)
b. Number of stops and length of layovers
14. Travelers who do not travel by the transport identified by the Council
Office are responsible for any additional expenses.
15. The City will only cover the cost of essential expenses for official City
business.
16. Travelers are responsible for the travel expenses over the reimbursement
limits, such as personal delays, circuitous routes, luxury lodgings, or
services unnecessary or unjustified in the performance of official
business.
17. Travelers who travel by an indirect route or interrupt a direct route for
personal convenience may only receive reimbursement equivalent to the
cost of traveling by the direct, uninterrupted route and must personally
pay for any additional expenses.
18. In general, City travelers must fly coach class at government expense on
both local and international official travel. Employees may upgrade to
first class or business class at personal expense, including by using their
frequent flyer miles.
19.City Policy Ch. 23 5.1 D: “Lodging must be evaluated to minimize
unnecessary travel at the destination and to reduce the impacts of the
lodging itself.”
20.The Council Office follows City policy on allowable taxpayer-funded
travel, including (but not limited to) prohibitions on paying for first class,
extra bags, or any additional upgrades or convenience fees.
21. Group Transportation: Occasionally City travelers find it more convenient
for one person to cover the cost of the group’s transportation to a venue.
This can be accommodated if the City travelers provide documentation
when they return to Salt Lake City.
a. City Policy Ch. 23 5.1 C: “Carpooling, public transit, or shuttle
buses must be considered for all group travel. Travelers are
strongly encouraged to choose the lowest cost for ground
transportation taking into consideration reasonable travel time
and other related cost factors such as parking.
b. Staff will determine whether the particular transportation expense
was anticipated and included in each traveler’s advance, or was an
expense eligible for City Credit card use or reimbursement.
c. For transportation costs estimated and provided to the City
traveler in advance, a corresponding reduction will be applied for
those who received the advance but did not incur the expense
when the travel settlement is calculated.
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d. For transportation costs not advanced to travelers, a City traveler
who paid the expense personally will be reimbursed once a receipt
and list of passengers is submitted and reviewed for public benefit.
e. For transportation expenses paid by a City traveler on the City
travel card, the City traveler is responsible for providing the
receipt and list of passengers when the travel concludes.
f. The City can not cover the transportation cost of personal guests.
g. The City can only cover the cost of transporting travelers to official
functions. Transportation to social or entertainment functions is a
personal expense. A dinner hosted by the Utah League of Cities
and towns for representatives of all Cities qualifies as an official
function. Transportation with a group of convention participants,
or with friends, to an informal evening out is a personal expense
and does not qualify for City reimbursement.
h. As noted elsewhere in this policy, a gratuity of up to 20 percent
may be paid by the City for transportation services.
1. Air Transportation: City Policy Ch. 23 5.4 excerpts
“A.i Air travel must be by commercial airline. Travelers traveling on City
business by scheduled air carrier shall use the Salt Lake City International
Airport (“SLC Int’l Airport”) as the point of departure and return. …
… A.iii The City will pay only the costs for the most direct route necessary
to accomplish the purpose of the City travel on the lowest cost flight(s)
available. The City will not pay expenses resulting from indirect travel
routes or for arriving earlier and leaving later than necessary to conduct
official business. Adjustments will be made for any of these types of
expenses to ensure that the City is not incurring additional costs.
a. The City will not pay extra fees or upgrade costs of any kind.
b. Coach or economy class seating is considered the standard
class of travel. The City will not cover the cost of First Class.
c. Excess baggage charges will not be reimbursed. The City will
cover the cost of one checked bag only.
d. Early boarding fees or other upgraded convenience fees will
not be covered by the City.
e. Costs to change or re-book a flight will be borne solely by the
Traveler, unless the change in flight is driven by business necessity
as documented in a memo signed by the Traveler’s Department
Director. Changes made without written preapproval are at the
Traveler’s expense.”
o Deviations from approved travel expenses: Council Members may request changes to
the travel itinerary or cancellation of all travel plans.
Any per diem funds advanced to Council Members for travel will be returned to
the City if the travel is canceled.
City Policy Ch. 23 5.4 A.v: “When a trip is cancelled and the Traveler receives
credit for the value of the airfare, the employee should use that credit for future
City travel. If a Traveler receives a credit for any travel purchase, they must use
the credit for other City related business travel. The credit may not be used for
personal use. If an employee leaves City employment the credit must be paid back
to the City.”
City Policy Ch. 23 4.1.E: “Any additional costs to the Traveler related to traveling
in advance or extending the stay beyond the time necessary to attend the
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approved conference, training, convention, and other function will not be reimbursed or paid by
the City. The Traveler must make separate reservations and may not charge such additional cost
to the City credit card.” In the event of such additional costs incurred to the City without written
preapproval, the Council Member is responsible for paying these charges or reimbursing the
City.
iv. If a personal emergency or a matter of pressing private business precludes a
registered Council Member’s attendance at the conference, delays the Council
Member’s arrival in the convention city, or necessitates leaving before originally
scheduled, the Council Member should report the situation immediately to the
Council Chair and/or Council Executive Director so that steps can be taken to
attempt to mitigate the loss of taxpayer funds. When appropriate, especially if
funds spent on travel can not be recovered, best efforts shall be made by staff to
offer the opportunity to another Council Member or staff before canceling
reservations or flights.
1. If a circumstance arises where the City is charged for expenses that are
not used by the Council Member due to late arrival or early departure, the
expense will be charged to the Council Member.
v. In the event of cancelations or travel costs due to a personal emergency or
extenuating circumstance not easily addressed using this policy, it will be
referred, through the Council Chair to the full Council for resolution.
viii. Reimbursement. If a traveler incurs non-eligible expense incidentals on a City travel
card, the traveler shall reimburse the Front Office within five business days of returning
from travel.
i. For City Council Member reimbursement requests or charges by City Council
Members to Salt Lake City accounts that are not routine, Council staff will:
1. Identify the relevant sections of the Council policy and the Salt Lake City
policies and procedures, and provide that information to the traveler.
2. If further review is requested by the City Council Member, Council staff
will inform the Chair and Vice Chair of the request, and seek Guidance of
the City Attorney and Finance Director on legal and fiscal requirements.
3. Provide the legal or fiscal requirements or advice received from the City
Attorney and Finance Director to the requesting Council Member and the
Chair and Vice Chair.
4. If further review is requested by the Council Member, the Council
Member should make a written request to the Chair and Vice Chair,
detailing their request in the context of the City Council policy, City
policy, legal or fiscal requirements, and advice of the City Attorney and/or
Finance Director.
5. The requesting Council Member may appeal the decision of the Chair and
Vice Chair to the full Council for a determination by majority vote.
ix. Guests. Council Members and Council staff may invite guests to join them on official City
travel:
i. All associated expenses must be paid with personal funds.
ii. Council staff should not be involved in making any arrangements for guests.
Options to minimize taxpayer resources spent making guest travel arrangements
include:
1. Council Members may book their own travel arrangements and receive
reimbursement for eligible expenses upon submitting documentation.
2. The Council Office may make the arrangements for the Council Member
and provide Council Members with travel registration information so
12
Council Members may personally contact airlines and other vendors to make additional
arrangements.
iii. Most conferences have a clear policy about guests; many offer separate
registration options to allow participation in meals, tours and special events. City
attendees should refer to conference materials for guest registration information.
iv. Conferences expect all attendees, including guests, to adhere to standards of
conduct. This includes respecting the event’s policies, other attendees, and the
venue to ensure a respectful and safe environment for all.
v. Any misconduct on the part of a guest can reflect poorly on the City and on the
hosting traveler.
vi. The presence of guests should not detract from the focus on City business.
x. Transparency and documentation:
i. All travel documents, receipts, conference agendas and other documentation are
publicly accessible records.
ii. City Policy Ch. 23 5.5 D: “D. Travelers shall submit an itemized receipt as
provided at motel/hotel check-out. Booking receipts for lodging are not
acceptable forms of documentation.”
iii. City Policy Ch. 23 4.1F-J:
“F. A Traveler shall document all allowable and authorized travel-related
expenditures with itemized (line-item detail) receipts, invoices, or other
supporting documentation. If documentation is missing, the Traveler shall write
a letter to the Finance Department approved by the Department Director
explaining the reason a receipt is not available. The City shall not reimburse
Travelers for unauthorized travel expenditures. Any unauthorized travel charges
on a City credit card will require immediate reimbursement to the City and will
result in an automatic 30-day suspension of all City credit cards held by that
Traveler.
G. Any Traveler accepting complimentary trips shall comply with the City’s
conflict of interest ordinance.
H. For group expenditures incurred by one Traveler, the affected Traveler shall
submit with the receipts an itemized breakdown of expenses for each Traveler in
the group.
I. When actual expenditures exceed 10% of the original estimated expenses, the
Traveler shall attach a written explanation within five business days after the end
of the travel period.
J. All international travel must be approved in writing using the international
approval form identified in the travel procedures.
7.Accountability: This Travel Policy is in place to provide accountability to Travelers. Non-
compliance may affect future travel opportunities. Elected officials are ultimately accountable to
the taxpayers. Because choices made by Council Members reflect upon the full Council and Salt
Lake City government, the Council may elect to act in accordance with the Council’s Code of
Conduct policy should problems arise. Additional remedies include:
i. Charging the Council Member for all or a portion of the travel if the public purpose was
not met,
ii. Taking other action deemed appropriate by a majority of the Council.
13
8.Implementation: this document must be included in the regular orientations for Council
Members and Council staff. Council Members entering office shall sign the attached statement
affirming that the Council Member read and understood this policy. This policy is in effect
regardless of a Council Member’ s execution of the statement. The Council will receive annual
training on this Code in conjunction with either open meetings training or the Council’s annual
retreat. Council Members are encouraged to indicate which conferences they plan to attend at
that training so staff can monitor travel pricing and take advantage of early registration
discounts.
Draft for Council Discussion
Potential Attachment to Travel Policy
December 3, 2024
Guideposts for initial staff review of small-scale conference/meeting/travel
opportunities in the context of open meetings, conflict of interest, and gift
restriction factors:
Yes*No Unknown
The function is likely to have fewer than 100 participants.
The participation of Salt Lake City officials is a key component of the
function.
The topics relate directly circumstances, opportunities, or possible
improvements in Salt Lake City, and may require action by the Salt
Lake City Council to achieve.
One or more of the sponsoring organizations, or the hosting
organization, is likely to have business related to the topics of the
conference before the City Council in the coming year.
Conference participants are invited to attend a sponsored function
with a value that may exceed the $50 State Statute threshold (sports
event, theatre performance, elaborate meal, etc.)
Meals, functions, events or sessions at the conference are hosted by
specific sponsors
The sponsors will participate in panel discussions, tours, or as
presenters at the conference, meeting or function.
The public is not easily able to participate due to cost, distance,
limited attendance, etc.
A conference jacket, bag or other item that may exceed the $50 State
Statute threshold is provided to participants by one or more sponsors
Other – TBD by City Council
Process for staff, Chair and Vice Chair, or full City Council to evaluate
potential concerns:
*Yes answers on the chart should be double checked by Council staff with the Executive
Director to determine next steps:
1. Review by the Chair and Vice Chair. Council Chair and Vice Chair may elect to
refer any travel item to the full Council for review at any step of this process.
Council Members may request full review of the issue by the full City Council
once the Chair and Vice Chair have gathered full information. The Council staff
will be available to assist with steps as requested.
2. Determination by Chair and Vice Chair whether to request legal review of
whether the conference format or substance suggests that precautions may be
necessary to enable attending Council Members to assure compliance with State
Statutes, Salt Lake City Ordinances and Salt Lake City Council policies.
3. The Chair and Vice Chair, in collaboration with the City Attorney, may elect to
identify adjustments that could be suggested to conference organizers to address
any potential issues related to the legal requirements. After an effort is made to
suggest adjustments, the Chair and Vice Chair will report to the full Council.
Potential adjustments to address potential issues with open meetings, conflict of
interest, and gift restriction factors:
The Chair and Vice Chair could consider suggesting that the hosting organization
consider the following, or other measures identified as credible by Council Members:
a. Include speakers, panelists and conference participants who have who
have an advocacy interest that is not directly aligned with the messaging of
the conference hosts and sponsors, so that a variety of views are
represented and both pros and cons are identified.
b. Assure that the sponsorship program is general in nature and is provided
to support the hosting community organization, rather than tied to specific
meals, functions or materials; assure that the sponsorship program is not
tied to accessing the time of City Council or other Salt Lake City decision
makers:
i. To avoid any appearance that businesses are providing ‘gifts’ to
government-related attendees that could conflict with State Statute
or City ordinance.
ii. To avoid any appearance that the sponsors are given exclusive
access to elected officials that is not available to the public, those
business or community members with opposing views, or members
of the community who cannot afford the expense or take the time to
attend.
iii. To avoid any perception by businesses, organizations and the public
that a conference sponsorship provides an opportunity to influence
a majority of the City Council Members informally to benefit private interests.
c. Facilitate the production of audio or video recordings of the sessions and
make them publicly available on a web site.
d. Announce the conference to the public and the news media and allow news
media attendance if requested.
e. The conference host organization could collaborate with the City
Legislative Branch well before the conference agenda is set to give Council
Members the opportunity to:
i. Know whether topics scheduled for the conference and sponsors of
the conference are likely to come before the Council with directly
related budget, taxation, zoning or regulatory requests.
ii. Understand whether the conference sponsors will participate in
panel discussions, speak at sessions, or have a direct interest in
tours or functions made available to conference participants.
iii. Seek legal advice to identify any potential conflict of interest, open
meeting, or gift restriction situations that could be perceived by the
public.
iv. Suggest adjustments by the Council Members or the conference
host to address any potential concerns.
v. Determine as a group whether it is most appropriate to send a small
group of Council Members, or whether a majority could attend.
City Council Announcements
December 3, 2024
Feedback needed:
CAN staff is updating the policies for the city's Housing Stability programs. While
those are being updated, the Administration has suggested allowing a deferment
of loan payments for two homeowners due to economic hardship conditions. The
deferment would last for 6 months or until the new policy statements can be
considered by the Council early next year.
Is the Council supportive of allowing deferment in this specific instance?
:
SALT LAKE CITY CORPORATION
SWORN STATEMENT SUPPORTING CLOSURE OF MEETING
I, , acted as the presiding member of the Salt Lake Council, which met on
in an electronic meeting pursuant to Salt Lake City Proclamation.
Appropriate notice was given of the Council's meeting as required by §52-4-202.
A quorum of the Council was present at the meeting and voted by at least a two-thirds vote, as detailed in the minutes of
the open meeting, to close a portion of the meeting to discuss the following:
§52-4-205(l)(a) discussion of the character, professional competence, or physical or mental health of an individual;
§52 -4-205(1)(b) strategy sessions to discuss collective bargaining;
§52-4-205(l)(c) strategy sessions to discuss pending or reasonably imminent litigation;
§52-4-205(l)(d) strategy sessions to discuss the purchase, exchange, or lease of real property, including
any form of a water right or water shares, if public discussion of the transaction would: (i) disclose the
appraisal or estimated value of the property under consideration; or (ii) prevent the public body from
completing the transaction on the best possible terms;
§52-4-205(l)(e) strategy sessions to discuss the sale of real property, including any form of a water right
or water shares if: (i) public discussion of the transaction would: (A) disclose the appraisal or estimated
value of the property under consideration; or (B) prevent the public body from completing the transaction
on the best possible terms; (ii) if the public body previously gave public notice that the property would be
offered for sale; and (iii) the terms of the sale are publicly disclosed before the public body approves the
sale;
§52-4-205(1)(f) discussion regarding deployment of security personnel, devices, or systems; and
§52-4-205(1)(g) investigative proceedings regarding allegations of criminal misconduct.
A Closed Meeting may also be held for Attorney-Client matters that are privileged pursuant to Utah Code
§78B-1-137, and for other lawful purposes that satisfy the pertinent requirements of the Utah Open and Public Meetings Act.
Other, described as follows:
The content of the closed portion of the Council meeting was restricted to a discussion of the matter(s) for which the
meeting was closed.
With regard to the closed meeting, the following was publicly announced and recorded, and entered on the minutes of the
open meeting at which the closed meeting was approved:
(a) the reason or reasons for holding the closed meeting;
(b) the location where the closed meeting will be held; and
(c) the vote of each member of the public body either for or against the motion to hold the closed meeting.
The recording and any minutes of the closed meeting will include:
(a) the date, time, and place of the meeting;
(b) the names of members Present and Absent; and
(c) the names of all others present except where such disclosure would infringe on the confidentiality
necessary to fulfill the original purpose of closing the meeting.
Pursuant to §52-4-206(6), a sworn statement is required to close a meeting under §52-4-205(1)(a) or (f), but a record by
electronic recording or detailed minutes is not required; and Pursuant to §52-4-206(1), a record by electronic recording
and/or detailed written minutes is required for a meeting closed under §52-4-205(1)(b),(c),(d),(e),and (g):
A record was not made.
A record was made by: Electronic recording Detailed written minutes
I hereby swear or affirm under penalty of perjury that the above information is true and correct to the best of my
knowledge.
Presiding Member Date of Signature
Victoria Petro December 3, 2024
Victoria Petro (Dec 5, 2024 15:51 MST)
Sworn Statement WS 12-3-2024
Final Audit Report 2024-12-05
Created:2024-12-04
By:STEPHANIE ELLIOTT (STEPHANIE.ELLIOTT@slc.gov)
Status:Signed
Transaction ID:CBJCHBCAABAA60gRzFllku14VCbNDI5Ae2fcsf2h8xc_
"Sworn Statement WS 12-3-2024" History
Document created by STEPHANIE ELLIOTT (STEPHANIE.ELLIOTT@slc.gov)
2024-12-04 - 9:33:02 PM GMT
Document emailed to victoria.petro@slc.gov for signature
2024-12-04 - 9:33:48 PM GMT
Email viewed by victoria.petro@slc.gov
2024-12-05 - 5:58:21 AM GMT
Signer victoria.petro@slc.gov entered name at signing as Victoria Petro
2024-12-05 - 10:50:58 PM GMT
Document e-signed by Victoria Petro (victoria.petro@slc.gov)
Signature Date: 2024-12-05 - 10:51:00 PM GMT - Time Source: server
Agreement completed.
2024-12-05 - 10:51:00 PM GMT